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! # ■ 

Election Laws 


OK THE 


UNITED STATES, 


TOGETHER WITH THE 


t ..‘.r'lnctloo 
jy reason of co¬ 
lor. 


REGISTRY AND ELECTION LA 


OK THE 


' diatlnclion 
. 4 «sasom of co- 


STATE OE NEW YORK, 


RELATING TO ELECTIONS IN THE CITA" AND 


COUNTY OF NEW YORK. 





NEW YOEK: 

PRINTED UNDER TJIR DIREOTION OP THE Ih S. (JITIRE SUPER¬ 
VISOR OP ELECTIONS, SOUTHERN DTSTRICT OP NEW YORK 

1872. 


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oi Congw^is and tite of pcio ^oife, 

PASSED IN 1870, 

/ 

Relating to Elections. 

- %■% % - 

X.A.'WS OF COKrO-FESS. 


ACT OF MAY 31, 1870. 

AN ACT to enforce the right of citizens of the United States to vote in the several States 
of this Union, and for other purposes. 

Be it enacted by the Senate, and House of Representatives of the United No distinctioo 
States of America in Congress assembled^ That all citizens of the United 
States who are or shall be otherwise qualified by law to vote at any elec¬ 
tion by the people in any State, Territory, district, county, city, parish, 
township, school district, municipality, or other territorial sub-division, 
shall be entitled and allowed to vote at all such elections, without dis¬ 
tinction of race, color, or previous condition of servitude; any constitu¬ 
tion, law, custom, usage, or regulation of any State or territory, or by or 
under its authority, to the contrary notwithstanding. 

Sec. 2. And be it further enacted^ That if by or under the authority of No distinction 
the constitution or laws of any State, or the laws of any Territory, any ^7 reason of co- 
act is or shall be required to be done as a pre-requisite or qualification for 
voting, and by such constitution or laws persons or officers are or shall 
be charged with the performance of duties in furnishing to citizens an op¬ 
portunity to perform such pre-requisite, or to become qualified to vote. 

It shall be the duty of every such person and officer to give to all citizens 
of the United States the same and equal opportunity to perform such pre¬ 
requisite, and to become qualified to vote without distinction of race, color, 
or previous condition of servitude; and if any such person or officer shall 
refuse or knowingly omit to give full effect to this section, he shall for 
every such offence, forfeit and pay the sum of five hundred dollars to the 
person aggrieved thereby, to be recovered by an action on the case, with 
full costs and such allowance for counsel fees as the court shall deem just, 
and shall also, for every such offence, be deemed guilty of a misdemeanor, 
and shall, on conviction thereof, be fined not less than five hundred dol¬ 
lars, or be imprisoned not less than one month and not more than one 
year, or both, at the discretion of the court. 

Sec. 3. And be it further enacted^ That whenever, by or under the Penalties for not 
authority of the constitution or laws of any State, or the laws of any 
Territory, any act is or shall be required to [be] done by any citizen as a SnSSSI’^Ses. 
prerequisite to qualify or entitle him to vote, the offer of any such citizen 
to perform the act required to be done as aforesaid shall, if it fail to be 
carried into execution by reason of the wrongful act or omission aforesaid 
of the person or officer charged with the duty of receiving or permitting 






2 



I 


jPenaltles for ob¬ 
structing and 
hindering. 


Penalties for ob- 
Btmcting and 
.hindering. 


Penalties for ob¬ 
structing and 
hinderh^. 


snch performance or offer to perform or acting thereon, be deemed and 
held as a performance in law of such act; and the person so offering and 
failing as aforesaid, and being otherwise qualified, shall he entitled to vote 
in the same manner and to the same extent as if he had in fact performed 
such act; and any judge, inspector, or other officer of election whose duty 
it is or shall he to receive, count, certify, register, report, or give effect to 
the vote of any such citizen who shall wrongfully refuse or omit to receive, 
count, certify, register, report, or give effect to the vote of such citizen 
upon the presentation hy him of his affidavit stating such offer and the 
time and place thereof, and the name of the officer or person whose duty 
it was to act thereon, and that he was wrongfully prevented by such person 
or officer from performing such act, shall for every such offence forfeit and 
pay the sum of five hundred dollars to the person aggrieved thereby, to be 
recovered by an action on the case, with full costs and such allowance for 
counsel fees as the court shall deem just, and shall also for every such 
offence he guilty of a misdemeanor, and shall, on conviction thereof, be 
fined not less than five hundred dollars, or be imprisoned not less than one 
month and not more than one year, or both, at the discretion of the court. 

Sec. 4. And he it f urther enacted^ That if any person, by force, bribery, 
threats, intimidation, or other unlawful means, shall hinder, delay, prevent, 
or obstruct, or shall combine and confederate with others to hinder, delay, 
prevent, or obstruct any citizen from doing any act required to be done to 
qualify him to vote or from voting at any election as aforesaid, such person 
shall for every such offence forfeit and pay the sura of five hundred dollars to 
the person aggrieved thereby, to be recovered by an action on the case, 
with full costs and such allowance for counsel fees as the court shall deem 
just, and shall also for every such offence be guilty of a misdemeanor, and 
shall, on conviction thereof, be fined not less than five hundred dollars, or 
be imprisoned not less than one month and not more than one year, or 
both, at the discretion of the court. [See Act of June 10, 1872.] 

Sec. 5. And he it further, enacted^ That if any person shall prevent, 
hinder, control, or intimidate, or shall attempt to prevent, hinder, control, 
or intimidate any person from exercising or in exercising the right of suf¬ 
frage, to whom the right of suffrage is secured or guaraiit«ied by the Fif¬ 
teenth Amendment of the Constitution of the United States, by means of 
bribery, threats, or threats of depriving such person of employment or oc¬ 
cupation, or of ejecting such person from rented house, lands, or other 
property, or by tl neats of refusing to renew leases or contracts for labor, 
or by threats of violence to himself or family, such person so offending 
shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, 
be fined not less than five hundred dollars, or be imprisoned not less than 
one month and not more than one year, or both, at the discretion of the 
court. 

Sec. 6. And he it further enacted^ That if two or more persons shall band 
or conspire together, or go in disguise upon the public highway, or upon 
the premises of another, with intent to violate any provision of this act, or 
to injure, oppress, threaten, or intimidate any citizen with intent to pre¬ 
vent or hinder his free exercise and enjoyment of any right or privilege 
granted or secui-ed to him by the Constitution or laws of the United States, 
or because of his having exercised the same, such persons shall be held 
guilty of felony, and, on conviction thereof, shall be fined or imprisoned, 
or both, at the discretion of the court—the fine not to exceed five thousand 
dollars, and the imprisonment not to exceed ten years—and shall, more 


8 


over, be thereafter ineligible to, and disabled from b-^lding any office or 
place of honor, profit, or trust created by the Constitution or laws of the 
United States. 

Sec. 7. And he it further enacted^ That if in the act of violating any forob- 

provision in either of the two preceding sections, any other felony, crime, stmcting and 
or misdemeanor shall be committed, the ofiender, on conviction of such 
violation of said sections, shall be punished for the same with such punish¬ 
ments as are attached to the said felonies, crimes, and misdemeanors by 
the laws of the State in which the ofience may be committed. 

Sec 8. And he it f urther enacted^ That the district courts of the United 

~ ... . . , .Turisdiction 

States, wilhm their respective districts, shall have, exclusively of the courts conferred upon 

. . Courts of United 

of the several States, cognizance of all crimes and ofiences committed states, 
against the provisions of this act, and also, concurrently with the circuit 
courts of the United States, of all causes, civil and criminal, arising under 
this act, except as herein otherwise provided, and the jurisdiction hereby 
conferred shall be exercised in conformity with the laws and practice 
governing United States courts; and all crimes and ofiences committed 
against the provisions of this act may be prosecuted by the indictment of 
a grand jury, or, in cases of crimes and ofiences not infamous, the prose¬ 
cution may be either by indictment or information filed by the district at¬ 
torney in a court having jurisdiction. 

Sec. 9. And he it f urther enacted^ That the district attorneys, marshals. Duties of dib- 
and deputy marshals of the United States, the commissioners appointed by 
the circuit and territorial courts of the United States, with powers of ar- officers, 
resting, imprisoning, or bailing ofienders against the laws of the United 
States, and every other officer who may be specially empowered by the 
President of the United States, shall be, and they are hereby, specially 
authorized and required, at the expense of the United States, to institute 
proceedings against all and every person who shall violate the provisions 
of this act, and cause him or them to be arrested and imprisoned, or bailed, 
as the case may be, for trial before such court of the United States or 
territorial court as has cognizance of the ofience. And with a view to 
afibrd reasonable protection to all persons in their constitutional right to 
vote, without distinction of race, color, or previous condition of servitude, 
and to the prompt discharge of the duties of this act, it shall be the duty 
of the circuit courts of the United States, and the superior courts of the 
Territories of the United States, from time to time, to increase the num¬ 
ber of commissioners, so as to afibrd a speedy and convenient means for 
the arrest and examination of persons charged with a violation of this act, 
and such commissioners are hereby authorized and required to exercise 
and discharge all the powers and duties conferi*ed on them by this act, 
and the same duties with regard to ofiences created by this act as they are 




ft 


authorized by law to exercise with regard to other offences against the 
laws of the United States. 


Onflea of Mar¬ 
shals. 


Sec. 10. And he it further enacted^ That it shall be the duty of all mar¬ 
shals and deputy marshals to obey and execute all warrants and precepts 
issued under the provisions of this act, when to them directed; and should 
any marshal or deputy marshal refuse to receive such warrant or other 
process when tendered, or to use all proper means diligently to execute 
the same, he shall, on conviction thereof, be fined in the sum of one thous¬ 
and dollars, to the use of the person deprived of the rights conferred by 
this act. And the better to enable the said commissioners to execute 
their duties faithfully and efficiently, in conformity with the Constitution 
of the United States, and the requirements of this act, they are hereby 
Power of Com- authorized and empowered, within their districts respe ctively, to appoint, 
missioners. writing, under their hands, any one or more suitable persons, from time, 

to execute all such warrants and other process as may be issued by them 
in the lawful performance of their respective duties, and the persons so 
appointed to execute any warrant or process as aforesaid shall have author¬ 
ity to summon and call to their aid the bystanders or posse comitatus of 
the proper county, or such portion of the land or naval forces of the Uni¬ 
ted States, or of the militia, as may be necessary to the performance of 
the duty with which they are charged, and to insure a faithful observance 
of the fifteenth amendment to the Constitution of the United States; and 
such warrants shall run and be executed by said officers anywhere in the 
State or Territory within which they are issued, 

Hindefin? exe- Sec. 11. And he it further enacted^ That any person who shall know- 

cution ofpro- 1*3 n- i 

cess or arrest ingly and Wilfully obstruct, hinder, or prevent any officer or other person 

charged with the execution of any warrant or process issued under the 
provisions of this act, or any person or persons lawfully assisting him or 
them, from arresting any person for whose apprehension such warrant or 
process may have been issued, or shall rescue or attempt to rescue such 
person from the custody of the officer or other person or persons, or those 
lawfully assisting as aforesaid, when so arrested pursuant to the authority 
Aiding rescue or given and declared, or shall aid, abet, or assist any person so ar- 

rested as aforesaid, directly or indirectly, to escape from the custody of 
the officer or other person legally authorized as aforesaid, or shall harbor 
or conceal any person for whose arrest a warrant or process shall have 
been issued as aforesaid, so as to prevent his discovery and arrest after 
notice or knowledge of the fact that a warrant has been issued for the ap¬ 
prehension of such person, shall, for either of said offences, be subject to 
a fine not exceeding one thousand dollars, or imprisonment not exceeding 
six months, or both, at the discretion of the court, on conviction before 
the district or circuit court of the United States for the district or circuit 
in which said offence may have been committed, or before the proper 
court of criminal jurisdiction, if committed within any one of the organ¬ 
ized Territories of the United States. 

fma Sec. 12. And he it further enacted^ That the commissioners, district a1^ 



6 


torneys, the marshals, their deputies, and the clerks of the said district, 
circuit and territorial courts shall be paid for their services the like fees 
as may be allowed to them for similar services in other cases. The per¬ 
son or persons authorized to execute the process to be issued by such com¬ 
missioners for the arrest of offenders against the provisions of this act 
shall be entitled to the usual fees allowed to the marshal for an arrest for 
each person he or they may arrest and take before any such commissioner 
as aforesaid, with such other fees as may be deemed reasonable by such 
commissioner for such other additional services as may be necessarily per¬ 
formed by him or them, such as attending at the examination, keeping the 
prisoner in custody, and providing him with food and lodging during his 
detention and until the final determination of such commissioner, and in 
general for performing such other duties as may be required in the prem¬ 
ises ; such fees to be made up in conformity with the fees usually charged 
by the officers of the courts of justice within the proper district or county 
as near as may be practicable, and paid out of the treasury of the United 
States on the certificate of the judge of the district within which the arrest 
is made, and to be recoverable from the defendant as part of the judgment 
in case of conviction. 

Sec. 13. And, be it further enacted, That it shall be lawful for the Pres- Minurj Wtcm 
ident of the United States to employ such part of the land or naval forces 
of the United States, or of the militia, as shall be necessary to aid in the 
execution of judicial process issued under this act. 

Sec. 14. And be further enacted. That whenever any person shall 
hold office, except as ^ member of Congress or of some State legislature, * 

contrary to the provisions of the third section of the fourteenth article of 
amendment of the Constitution of the United States, it shall be the duty 
of the district attorney of the United States for the district in which sucn 
person shall hold office, as aforesaid, t© proceed against such person, by 
writ of quo warranto, returnable to the circuit or district court of the 
United States in such district, and to prosecute the same to the removal 
of such person from office ^ and any writ of quo warranto so brought, as 
aforesaid, shall take precedence of all other cases on the docket of the court 
to which it is made returnable, and shall not be continued unless for cause 
proved to the satisfaction of the court. 

Sec. 15. And be it further enacted, That any person who shall hereafter 
knowingly accept or hold any office under the United States, or any State, 
to which he is ineligible under the third section of the fourteenth article 
of amendment of the Constitution of the United States, or who shall at¬ 
tempt to hold or exercise the duties of any such office, shall be deemed 
guilty of a misdemeanor against the United States, and, upon conviction 
thereof before the circuit or district court of the United States, shall be 
imprisoned not more than one year, or fined not exceeding one thousand 
dollars, or both, at the discretion of the court. 

Ssa 16. And be it further enacted. That all persons within the juris-right*, 
diction of the United States shall have the same right in every State and 
Territory in the United States to make and enforce contracts, to sue, be 
parties, give evidence, and to the full and equal benefit of all laws and 
proceedings for the security of person and property as is enjoyed by white 
citizens, and shall be subject to like punishment, pains, penalties, taxes, 
licenses, and exactions of every kind, and none other, any law, statute, or¬ 
dinance, regulation, or custom to the contrary notwithstanding. No tax 
or charge shall be imposed or enforced by any State upon any person im¬ 
migrating thereto from a foreign country which is not equally imposed 


6 


and enforced upon every person immigrating to such State from any other 
foreign country; and any law of any State in conflict with this provision 
is hereby declared null and void. 

Equal rigbta. Sec. 17. And he it further macted^ That any person who, under color 
of any law, statute, ordinance, regulation, or custom, shall subjeet, or 
cause to be subjected, any inhabitant of any State or Territory to the de¬ 
privation of any right secured or protected by the last preceding section 
of this act, or to diflerent punishment, pains or penalties on account of 
such person being an alien, or by reason of bis color or race, than is pre¬ 
scribed for the punishment of citizens, shall be deemed guilty of a misde¬ 
meanor, and, on conviction, shall be punished by fine not exceeding one 
thousand dollars, or imprisonment not exceeding one year, or both in the 
discretion of the court. 

Sec. 18. And he it farther enacted. That the act to protect all persons 
in the United States in their civil rights, and furnish the means of their 
vindication, passed April nine, eighteen hundred and sixty-six, is hereby 
re-enacted ; and sections sixteen and seventeen hereol shall be enforced 
according to the provisions of said act. 

Wrongful Tottng Sfia 19. And he it further enacted. That if at any election for repre- 

&1m person*- ^ j x 

tion, Yotin? sentative or delegate in the Congress of the United States any person 

twice, wrongful o o j r 

i^effing’iegai TO- knowingly personate and vote, or attempt to vote, in the name of 

ting, * 0 ., *c. person, whether living, dead, or fictitious ; or vote more than 

once at the same election for any candidate for the same office ; or vote at 
a place where he may not be lawlully entitled to vote; or vote without 
having a lawful right to vote; or do any unlawful act to secure a right or 
an opportunity to vote for himself or any other person ; or by force, threat, 
menace, intimidation, bribery, reward, or ofler, or promise thereof, or 
otherwise unlawfully prevent any qualified voter of any State of the 
United States of America, or of any Territory thereof, from freely exer¬ 
cising the right of suffrage, or by any such means induce any voter to re¬ 
fuse to exercise such right; or compel or induce by any such means, or 
otherwise, any e fficer of an election in any such State or Territory to re¬ 
ceive a vote from a person not legally qualified or entitled to vote; or in¬ 
terfere in any manner with any officer of said elections in the discharge of 
his duties; or by any of such means, or other unlawful means, induce any 
officer of an election, or officer whose duty it is to ascertain, announce, or 
declare the result of any such election, or give or make any certificate, 
document, or evidence in relation thereto, to violate or refuse to comply 
with his duty, or any law regulating the same; or knowingly and wilfully 
receive the vote of any person not entitled to vote, or refuse to receive the 
vote of any person entitled to vote; or aid, counsel, procure, or advise 
any such voter, person, or officer to do any act hereby made a crime, or 
to omit to do any duty the omission of which is hereby made a crime, or 
attempt to do so, every such person shall be deemed guilty of a crime, 
and shall for such crime be liable to prosecution in any court of the United 


r 

States of competent jurisdiction, and, on conviction thereof, shall he pun¬ 
ished by a fine not exceeding five hundred dollars, or by imprisonment for 
a terra not exceeding three years, or both, in the ‘discretion of the court, 
and shall pay the costs of prosecution. 

Sec. 20. [Amended. See first section. Act Feb. 28, 1871.] 

Sec. 21. And be it further enacted^ That whenever, by the laws of any 
State or Territory, the name of any candidate or person to be voted for as 
representative or delegate in Congress shall be required to be printed, 
written, or contained in any ticket or ballot with other candidates or per¬ 
sons to be voted for at the same election for State, teri itorial, municipal, 
or local officers, it shall be sufficient prima facie evidence, either for the 
purpose of indicting or convicting any person charged with voting, or at¬ 
tempting or offering to vote, unlawfully under the provisions of the pre¬ 
ceding sections, or for committing either of the offenses thereby created, 
to prove that the person so charged or indicted, voted, or attempted or 
offered to vote, such ballot, or ticket, or committed either of the offenses 
named in the preceding sections of this act with reference to such ballot. 
And the proof and establishment of such facts shall be taken, held, and 
deemed to be presumptive evidence that such person voted, or attempted 
or offered to vote, for such representative or delegate, as the case may be, 
or that such offense was committed with reference to the election of such 
representative or delegate, and shall be sufficient to warrant his convic¬ 
tion, unless it shall be shown that any such ballot, when cast, or attempted 
or offered to be cast, by him, did not contain the name of any candidate 
for the office of representative or delegate in the Congress of the United 
States, or that such offense was not committed with reference to the elec¬ 
tion of such representative or delegate. 

Ssa 22. And be it further enacted^ That any officer of any election at 
which any representative or delegate in the Congress of the United States 
shall be voted for, whether such officer of election be appointed or created 
by or under any law or authority of the United States, or by or under any 
State, territorial, district, or municipal law or authority, who shall neglect 
or refuse to perform any duty in regard to such election required of him 
by any law of the United States, or of any State or Territory thereof; or 
violate any duty so imposed, or knowingly do any act thereby unauthor¬ 
ized, with intent to affect any such election, or the result thereof; or fraud¬ 
ulently make any false certificate of the result of such election in regard 
to such representative or delegate; or withhold, conceal or destroy any 
certificate of record so required by law respecting, concerning, or pertain¬ 
ing to the election of any such representative or delegate; or neglect or 
refuse to make and return the same as so required by law; or aid, counsel, 


PresTunption •• 
to TOtiB^ 


Punishment of 
eleotiye officersj 


procure, or advise any voter, person, or officer to do any act by this or any 
of the preceding sections made a crime; or to omit to do any duty the 
omission of which is by this or any of said sections made a crime, or at¬ 
tempt to do so, shall be deemed guilty of a crime and shall be liable to 
prosecution and punishment therefor, as provided in the nineteenth section 
of this act for persons guilty of any of the crimes therein specified. 

Depriving •< farther enacted^ That whenever any person shall be 

defeated or deprived of his election to any office, except elector of Tresi* 
dent or Vice-President representative or delegate in Congress, or member 
of a State legislature, by reason of the denial to any citizen or citizens who 
ehall offer to vote, of the right to vote, on account of race color, or pre¬ 
vious condition of servitude, his right to hold and enjoy such office, and 
the emoluments thereof shall not be impaired by such denial ; and such 
person may bring any appropriate suit of proceeding to recover possession 
of such office, and in cases where Jt shall appear that the sole question 
touching the title to such office arises out of the denial of thw right to vote 
to citizens who so offered to vote, on account of race, color, or previous 
oondition of servitude, such suit or proceeding may be instituted in the j 
circuit or district court of the United States of the circuit or district in | 
which such person resides. And said circuit or district court shall have, i 
concurrently with the State courts, jurisdiction thereof so far as to deter- | 
mine the rights of the parties to such office by reason of the denial of the j 
right guaranteed by the fifteenth article of amendment to the Constitution 
of the United States, and secured by this act. 

Approved May 31, 1870. 


ACT OF JULY 14, 1870. 


“ AN ACT to amend the naturalization laws and to punish crimes against the same, and 

for other purposes.” 

enacted hy the Senate and House of Representatives of the United 
UT5, States of America in Congress assembled^ That in all cases where any 

oath, affirmation, or affidavit shall be made or taken, under or by virtue of 
any act or law relating to the naturalization of aliens, or in any proceed¬ 
ings under such acts or laws, and any person or persons taking or making, 
such oath, affirmation, or affidavit, shall knowingly swear or affirm falsely, 
the same shall be deemed and taken to be perjury, and the person or per¬ 
sons guilty thereof shall, upon conviction thereof, be sentenced to impris¬ 
onment for a term not exceeding five years and not less than one year 
and to a fine not exceeding one thousand dollars. 


r<ilM persona¬ 
tion, aeing 
wronrfullj 
er •elling 
nttnraliziitlon 
papers; papers 
not rifhtfally 
need, haring in 
j.ossesslon 
'vrongfnl papers 
and other simi¬ 
lar aeti. 


Sec. 2. And he it f urther enacted^ That if any person applying to be 
admitted a citizen, or appearing as a witness for any such person, shall 
knowingly personate any other person than himself or falsely appear in the 
name of a deceased person, or in an assumed or fictitious name, or if any 
person shall falsely make, forge, or counterfeit any oath, affirmation, notice, 
affidavit, certificate, order, record, signature, or other instrument, paper, 
or proceeding required or authorized by any law or act relating to or pro¬ 
viding for the naturalization of aliens; or shall utter, sell, dispose of, or 




9 


ase as true or genuine, or for any unlawful purpose, any false, forged, 
ante-dated, or counterfeit oath, affirmation, notice, certificate, order, record, 
signature, instrument, paper, or proceeding as aforesaid; or sell or dispose 
of to any person other than the person for whom it was originally issued, 
any certificate of citizenship, or certificate showing any person to be ad’ 
flitted a citizen; or if any person shall in any manner use for the purpose 
of registering as a voter, or as evidence of a right to vote, or otherwise, 
unlawfully, any order, certificate of citizenship, or certificate, judgment, or 
’Exemplification, showing such person to be admitted to be a citizen, 
whether heretofore or hereafter issued or made, knowing that such order 
or certificate, judgment, or exemplification has been unlawfully issued or 
made; or if any person shall unlawfully use, or attempt to use, any such 
order or certificate, issued to or in the name of any other person, or in a 
fictitious name, or in the name of a deceased person; or use, or attempt to 
use, or aid, or assist, or participate in the use of any certificate of citizen¬ 
ship, knowing the same to be forged or counterfeit, or ante-dated, or know¬ 
ing the same to have been procured by fraud, or otherwise unlawfully ob¬ 
tained ; or if any person, and without lawful excuse, shall knowingly have 
or be possessed of any false, forged, ante-dated, or counterfeit Certificate of 
citizenship, purporting to have been issued under the provisions of any law 
of the United States relating to naturalization, knowing such certificate to 
be false, forged, ante-dated, or counterfeit, with intent unlawfully to use 
the same; or if any person shall obtain, accept, or receive any certificate 
of citizenship known to such person to have been procured by fraud, or by 
the use of any false name, or by means of any false statement made with 
intent to procure, or to aid in procuring, the issue of such certificate, or 
known to such person to be fraudulently altered or ante-dated; or if any 
person who has been or may be admitted to be a citizen shall, on oath or 
affirmation, or by affidavit, knowingly deny that he has been so admitted, 
fwith intent to evade or avoid any duty or liability imposed or required by 
law, every person so offending shall be deemed and adjudged guilty of 
felony, and, on conviction thereof, shall be sentenced to be imprisoned and 
kept at hard labor for a period not less than one year nor more than five 
years, or be fined in a sum not less than $300 nor more than $1,000, or 
both such punishments may be imposed, in the discretion of the court. And 
fevery person who shall knowingly and intentionally aid or abet any person 
in the commission of any such felony, or attempt to do any act hereby 
made felony, or counsel, advise, or procure, or attempt to procure, the 
commission thereof, shall be liable to indictment and punishment in the 
same manner and to the same extent as the principal party guilty of such 
felony, and such person may be tried and convicted thereof without the 
previous conviction of such principaL 




10 


I 


Uslnf pap«r8 

J »rocured by 
raud or with¬ 
out appearance 

lu court. 


Sec. 8. And he it further enacted^ That any person who shall knowing¬ 
ly use any certificate of naturalization heretofore granted by any court, or 
which shall hereafter be granted, which has been, or shall be, procured 
through fraud or by false evidence, or has been or shall be issued by the 
clerk, or any other officer of the court, without any appearance and hear¬ 
ing of the applicant in court and without lawful authority; and any per¬ 
son who shall falsely represent himself to be a citizen of the United States, 
without having been duly admitted to citizenship, for any fraudulent pur¬ 
pose whatever, shall be deemed guilty of a misdemeanor, and upon conr 
viction thereof, in due course of law, shall be sentenced to pay a fine of 
not exceeding $1,000, or be imprisoned not exceeding two years, either or 
both, in the discretion of the court taking cognizance of the same. 


Jnrtedictioa And he it further enacted^ That the provisions of this act shall 

riven to United apply to all proceedins^s had or taken, or attempted to be had or taken. 

States Courts 

before any court m which any proceeding for naturalization shall be com¬ 
menced, had, or taken, or attempted to be commenced; and the courts of 
the United States shall have jurisdiction of all offences under the provis¬ 
ions of this act, in or before whatsoever court or tribunal the same shall 
have been committed. 


Sec. 5. [Repealed. See Act Feb. 28, 1871.] 
Sec. 6. [Repealed. See Act Feb. 28, 1871.] 


Naturalization Ssa 7. And he it further enacted^ That the naturalization laws are here- 
rf^iored per extended to aliens of African nativity and to persons of African de¬ 
scent. 

Approved, Jnly 14, 1870. 





NATIONAL ELECTION LAW 

FOR CITIES OR TOWNS OF TWENTY THOUSAND INHABITANTS 
OR UPWARDS. 

ACT OF FEBRUARY 28, 1871. 

AN A CT to anmid an act approved May thirty-one^ eighteen 
hundred and seventy^ eyititled '‘An act to enforce the rights 
of citizens of the United States to vote hi the several States 
of this Union and for other purposes.” 

Be it enacted by the Senate and House of Representatives of 
the United States of xlmerica in Congress assembled, That section 
twenty of the “Act to enfoice the riglits of citizens of tlie United 
States to vote in tlie several States of tliis Union, and for other pur¬ 
poses,” approved May thirty-one, eighteen hundred and seventy, 
shall be, and hei-eby is, amended so as to read as follows: 

“Sec. 20. And be it further enacted, That if [at] any registration 
of voters for an election for Representative or Delegate in the Con¬ 
gress of the United States, any person shall knowingly pei*sonate and 
register, or attenpit to register, in the name of any other person, 
whether living, dead, or tictitious, or fraudulently register, or fraudu¬ 
lently attempt to register, not having a lawful right so to do ; or do any 
unlawful act to secure registration for himself or any other person ; or 
by force, threat, menace, intimidation, bribery, reward, or offer, or 
promise thereof, or other unlawful means, prevent or hinder any per¬ 
son having a lawful right to register from duly exercising such right; 
or compel or induce, by any of such means, or other unlawful means, 
any officer of registration to admit to I’egistration any person not 
legally entitled thereto, or interfere in any manner with any officer of 
registration in the discharge of his duties, or by any such means, or 
other unlawful means, induce any officer of registration to violate or 
refuse to comply with his duty or any law regulating the same; or 
if any such officer shall knowingly and willfully register as a voter 
any person not entitled to be registered, or refuse to so register any 
person entitled to be registered ; or if any such officer or other person 
whose duty it is to pei-lorm any duty in relation to such registration 
or election, or to ascertain, announce, or declare the result thereof, or 
give or make any certilicate, document, or evidence in relation thereto, 
shall knowingly neglect or refuse to perform any duty required by 
law, or violate any duty imposed by law, or do any act unauthorized 
by law, j-elating to 01 * affecting such registration or election, or the 
result thereof, or any cei tificate, document, or evidence in relation 
thereto, or if any ])e]*son shnll aid, counsel, procure, or advise any sucli 
voter, person, or office]- to do any act hereby made a crime, or to 


Amcnfling seo- 
tion ‘20, act May 
31, 1870. 


Penalty for un¬ 
lawful acts in 
and concerning 
the registration 
of voters; 


for knowingly 
neglecting or 
refusing to per¬ 
form any duty, 

&c.; 


for advising any 
one to do any 
act hereby made 
a crime, &o. 




12 




What to be 
deemed a regis¬ 
tration under 
this act. 


In cities or 
towns of over 
20,000 inhabi¬ 
tants, upon the 
written applica¬ 
tion of two citi¬ 
zens, the circuit 
judge to appoint 
two supervisors 
of elections. 


Proceedings for 
such appoint¬ 
ments. 


Qualifications 
of supervisors, 


Court to be kept 
open, &c. 


Power of Judge 
in vacation or at 
chambers. 


Under certain 
circumstances, 
district judges 
may be assigned 


omit any act the omission of which is hereby made a crime, every 
such person sliall be deemed guilty of a crime, and shall be liable to 
prosecution and punishment therefor, as provided in section nineteen 
of this act for persons guilty of any of the crimes therein speci¬ 
fied : Provided^ That every registration made under the laws of any 
State or Territory, for any State or other election at which such Rep¬ 
resentative or Delegate in Congress shall be chosen, shall be deemed 
to be a registration within the meaning of this act, notwithstanding 
the same shall also be made for the pui'poses of any State, territorial, 
or municipal election.” 


j 


Sec. 2 . And he it further enacted, That whenever in any city or i 
town having upward of twenty thousand inhabitants, there shall be ' 
two citizens thereof who, prior to any registration of voters for an ; 
election for Representative or Delegate in the Congress of the 
United States, or prior to any election at which a Representative or ^ 
Delegate in Congress is to be voted for, shall make known in writ- : 
ing, to the judge of the circuit court of the United States for the i 
circuit wherein such city or town shall be, their desire to have said 
registration, or said election, or both, guarded and scrutinized, it 
shall be the duty of the said judge of the circuit court, within not 
less than ten days prior to said registration, if one there be, and if 
no registration be requii-ed, within not less than ten days prior to 
said election, to open the said circuit court at the most convenient 
point in said circuit. And the said court, when so opened by said 
judge, shall proceed to appoint and commission, from day to day and 
from time to time, and under the hand of the said circuit judge, and 
under the seal of said court, for each election district or voting pre¬ 
cinct in each and every such city or town as shall, in' the manner 
herein prescribed, have applied therefor, and to revoke, change, or 
renew said appointment, from time to time, two citizens, residents of 
said city or town, who shall be of different political parties and able ' 
to read and write the English language, and who shall be known 
and designated as supervisors of election. And the said circuit 
court, when opened by the s.aid circuit judge, as required herein, 
shall therefrom and thereafter, and up to and including the day fol- I 
lowing the day of election, be always open for the transaction of : 
business under this act; and the powers and jurisdiction hereby : 
granted conferred shall be exercised as well in vacation as in term ! 
time; and a judge sitting at chambers shall have the same powers I 
and jurisdiction, including the power of keeping order and of pun • | 
ishing any contempt of his authority, as when sitting in court. | 

Sec. 3. And he it f urther enacted, That whenever from sickness, I 
injury, or otherwise, the judge of the circuit court of the United 
States in any judicial circuit shall be unable to perform and dis- 




13 


charge the duties by this act imposed, it shall be his duty, and he is 
I hereby required, to select and to direct and assign to the perform- 
I ance thereof, in his place and stead, of such one [“ to designate one 
I or more”— A.ct June 10, 1872,] of the judges of the district courts 
of the United States within his cii’cuit as he shall deem best; 
and upon such election and assignment being made, it shall be 
lawful for, and it shall be the duty of, the district judge so desig¬ 
nated to perform and discharge, in the place and stead of the said 
cii’cuit judge, all the duties, powers, and obligations imposed and 
confen-ed upon the said cii'cuit judge by the provisions of this act. 

Sec. 4. And he it further enacted^ That it shall be the duty of the 
supervisors of election, appointed under this act, and they and each of 
them are hereby authorized and required, to attend at all times and 
places fixed for the registration of voters, who, being registered, 
would be entitled to vote for a Representative or Delegate in Con. 
gress, and to challenge an)^ person offering to register; to attend at 
all times and places when the names of registered voters may be 
marked for challenge, and to cause such names registered as they 
shall deem proper to be so marked; to make, when required, the lists, 
or either of them, provided for in section thirteen of this act, and 
verify the same; and upon any occasion, and at any time when in at¬ 
tendance under the provisions of this act, to personally inspect and 
scrutinize such registry, and for purposes of identification to aflix their 
or his signature to each and every page of the original list, and each 
and every copy of any such list of registered voters, at such times, 
upon each day when any name may or shall be received, en¬ 
tered, or registered, and in such manner as will in their or his judg¬ 
ment detect and expose the improper or wrongful removal therefrom 
or addition thereto in any way of any name or names. 

Sec. 5. And he it further enacted, That it shall also be the duty 
of the said supervisors of election, and they and each of them are 
hereby authorized and required, to attend at all times and places for 
holding elections of Representatives or Delegates in Congress, and 
' for counting the votes cast at said elections; to challenge any vote 
offered; to be and remain where the ballot-boxes are kept at all times 
after the polls are open until each and every vote cast at said time 
and place shall be counted, the canvass of all votes polled be wholly 
completed, and the proper and requisite certificates or returns made, 
whether said certificates or returns be required under any law of the 
United States, or any State, territorial, or municipal law; and to per¬ 
sonally inspect and scrutintize, from time to time, and at all times, on 
the day of election, the manner in which the voting is done, and the 
way and method in which the poll-books, registiy lists, and tallies or 
check-books, whether the same ai-e requii-ed by any law of the United 


to this duty by 
circuit judge. 


When assigned 
to have all the 
powers of a cir¬ 
cuit judge. 


Duties of super¬ 
visors of elec¬ 
tion: 

To attend at 
places of regis¬ 
try; 

Have right to 
challenge, 

and mark regis¬ 
tered names for 
challenge; 


To make lists 
of persons who 
register and 
verify same; 

To inspect and 
scrutinize the 
registry 
and mark for 
identification 
the registry 
books, &c. 


Supervisors to 
attend at polling 
places; 


to challenge 
voters and be 
and remain 
where the ballot 
boxes are kept 
and the canvass 
and returns are 
made. 


To scrutinize 
the manner in 
which the voting 
is done, and reg¬ 
istry and poll 
books are kept. 





14 


Supervisors to 
personally scru¬ 
tinize and count 
each and every 
ballot in each 
and every box. 


To forward to 
chiet supervisor 
such rei tificates 
and returns as 
he may require. 


To attach any 
proper state¬ 
ment to any cer¬ 
tificate, state¬ 
ment or return. 


Supervisors to 
remain either 
before or behind 
the boxes as 
they may deem 
best for pur¬ 
poses of scrutin¬ 
izing registry 
and canvass. 


At closing of 
polls to take 
such place as 
will best enable 
them to dis¬ 
charge their 
duties in respect 
to canvass. 


States, or any State, territorial, or municipal law, are kept; and to 
the end that each candidate for the office of Representative or Dele¬ 
gate in Congress shall obtain the benefit of every vote for him cast, 
the said supervisors of election are, and each of them is, hereby re¬ 
quired, in their or his respective election districts or voting precints, 
to personally scrutinize, count, and canvass each and every ballot in 
their or his election district or voting precinct cast, whatever may be 
the indorsement on said ballot, or in whatever box it may have been 
placed or be found; to make and forward to the officer, who, in ac¬ 
cordance with the provisions of section thiiteen of this act, shall have 
been designated as the chief supeiwisor of the judicial district in 
which the city or town wherein they or he shall serve shall be, such 
certificates and returns of all such ballots as said officer may direct 
and require; and to attach to the registry list, and any and all copies 
thereof, and to any certificate, statement, or return, whether the same 
or any part or portion thereof, be required by any law of the United 
States, or of any other State, territorial, or municipal law, any state¬ 
ment touching the truth or accuracy of the registry, or the truth or 
fairness of the election and canvass, which the said supervisors of 
election, or either of them, may deske to make or attach, or which 
should properly and honestly be made or attached, in order that the 
facts may become known, any law of any State or Territory to the 
contrary notwithstanding. 

Sec. 6 . And he it farther enacted^ That the better to enable the 
said supervisors of election to discharge their duties, they are, and 
each of them is, hereby authorized and directed, in their or his re¬ 
spective election districts or voting precincts, on the day or days of 
registration, on the day or days when registered voters may be marked 
to be challenged, and on the day or days of election, to take, occupy, 
and remain in such position or positions, from time to time, whether 
before or behind the ballot-boxes, as will, in their judgment, best en_ 
able them or him to see each person offering himself for registration 
or offering to vote, and as will best conduce to their or his scrutiniz¬ 
ing the manner in which the registration or voting is being con¬ 
ducted ; and at the closing of the polls for the reception of votes, 
they are, and each of them is, hereby required to place themselves 
or himself in such position in relation to the ballot-boxes for the 
pui-pose of engaging in the work of canvassing the ballots in said 
boxes contained, as will enable them or him to fully perform the duties 
in respect to such canvass provided in this act, and shall there remain 
until eveiy duty in respect to such canvass, certificates, returns, and 
statements shall have been wholly completed, any law of any State 
or Territory to the contrary notwithstanding. 

Sec. 7. And he it further enacted, That if in any election district 
or voting precinct in any city, town or village, for which there shall 




15 


have been appointed supervisors of election for any election at which 
a Representative or Delegate in Congress shall be voted for, the said 
supervisors of election, or either of them, shall not be allowed to 
exercise and discharge fully and freely, and without bribeiy, solicita' 
tion, interference, hinderance, molestation, violence, or threats thereof, 
on the part of or fi’om any person or persons, each and every of the 
duties, obligations, and powers conferred upon them by this act and 
the act hereby amended, it shall be the duty of the supervisors ot 
election, and each of them, to make prompt report, under oath, within 
ten days after the day of election, to the officer who in accordance 
with the provisions of section thirteen of this act, shall have been 
designated as the chief supervisor of the judicial district in which 
the city or town wherein they or he served shall be, of the manner 
and means by which they were, or he was, not so allowed to fully 
and freely exercise and discharge the duties and obligations re¬ 
quired and imposed by this act. And upon receiving any such report, 
it shall be the duty of the said chief supervisor, acting both in such 
capacity and officially as a commissioner of the circuit court, to forth¬ 
with examine into all the facts thereof; to subpoena and compel the 
attendance before him of any witnesses; administer oaths and take 
testimony in respect to the charges made ; and prior to the assem¬ 
bling of the Congress for which any such Representative or Delegate 
was voted for, to have filed with the Clerk of the House of Repre¬ 
sentatives of the Congress of the United States all the evidence by 
him taken, all information by him obtained, and all reports to him 
made. 

Sec. 8 . And he it further enacted^ That whenever an election, 

1 at which Representatives or Delegates in Congress are to be chosen, 
shall be held in any city or town of twenty thousand inhabitants or 
upward, the marshal of the United States for the district in which 
1 said city or town is situated shall have power, and it shall be his 
I duty, on the application, in writing, of at least two citizens residing 
j in any such city or town, to appoint special deputy marshals, whose 
duty it shall be, when required as provided in this act, to aid and 
assist the supervisors of election in the verification of any list of per¬ 
sons made under the provisions of this act, who may have registered, 
or voted, or either; to attend in each election district or voting pre- 
cint at the times and places fixed for the registration of voters, and 
at all times and places when and where said registration may by 
law be scmtinized, and the names of registered voters be marked 
for challenge ; and also to attend, at all times for holding such elec¬ 
tions, the polls of the election in such district or precinct. And the 
marshal and his general deputies, and such special deputies, shall 
have power, and it shall be the duty of such special deputies, to 
keep the peace, and support and protect the supervisors of elections 


Supervisors are 
to report, under 
oath, to chief 
supervisor, 
within ten days 
alter election, 
any bribery, 
solicitation, in¬ 
terference or 
vi lence on the 
part of any per¬ 
son towards 
them. 


Duty of chief 
supervisor in 
such case. 


In cities or 
towns of 20,000 
inhabitants 
the marshal of 
the United 
States, upon the 
written request 
of two citizens, 
shall appoint 
deputies. 


Duties of such 
deputies. 


They shall keep 
the peace and 
prevent fraud, 
&c. 




16 


May arrest with¬ 
out process, 


provided ofiTense 
is committed in 
presence 
of aay supervi¬ 
sor or deputy 
marshal. 


But on day of 
election only for 
offenses com¬ 
mitted on that 
day. 


Persons ar¬ 
rested to be 
forthwith taken 
before U.S. com¬ 
missioner, &c. 


Supervisors and 
deputy marshals 
cannot be ob¬ 
structed, hind¬ 
ered or inter¬ 
fered with by 
any State au¬ 
thority or any 
individual, &c. 


Nor molested, 
removei or 
ejected from 
any place of 
registry or poll¬ 
ing place, &c. 


in the discharge of their duties, preserve order at such places of 
registration and at such polls, prevent fraudulent registration and 
fraudulent voting thereat, or fraudulent conduct on the part of any 
officer of election, and immediately, either at said place of registra¬ 
tion, or polling-place, or elsewhere, and either before or after regis¬ 
tering or voting, to aiTest and take into custody, with or without 
process, any person who shall commit, or attempt or offer to com¬ 
mit, any of the acts or offenses prohibitec^ by this act, or the act here 
by amended, or who shall commit any offense against the laws of 
the United States: Provided, That no person shall be aiTested 
without process for any offense not committed in the presence of the 
marshal or his general or special deputies, or either of them, or of 
the supervisors of election, or either of them, and, for the purposes 
of arrest or the preservation of the peace, the supervisors of election, 
and each of them, shall, in the absence of the marshal’s deputies, or 
if required to assist said deputies, have the same duties and powers 
as deputy marshals : And provided further. That no person shall 
on the day or days of any such election be arrested without process 
for any offense committed on the day or days of registration. 

Sec. 9. And he it further enacted. That whenever any arrest 
is made under any provision of this act, the person so arrested shall 
forthwith be brought before a commissioner, judge, or court of the 
United States for examinination of the offenses alleged against him, 
and such commissioher, judge, or court shall proceed in respect there¬ 
to as authorized by law in case of crimes against the United 
States. 

Sec. 10. And he it further enacted. That whoever, with or 
without any authority, power, or process, or pretended authority, 
power, or process, of any State, territorial, or municipal authority, 
shall obstruct, hinder, assault, or, by bribery, solicitation, or other¬ 
wise, interfere with or prevent the supervisors of election, or either 
of them, or the marshal or his general or special deputies, or either 
of them, in the performance of any duty requii-ed of them, or either 
of them, or which he or they, or either of them, may be authorized 
to perform by any law of the United States,whether in the execution 
of process or otherwise, or shall by any of the means before men¬ 
tioned hinder or prevent the free attendance and presence at such 
places of registration or at such polls of election, or full and free 
access and egress to and from any such place of registration or poll 
of election, oi* in going to and from any such place of registration or 
poll of election, or to and from any room where any such registra¬ 
tion or election or canvass of votes, or of making any returns or 
certificates thereof may be had, or sliall molest, interfere with, re¬ 
move, or eject from any such place of registration or poll of elec¬ 
tion, or of canvassing votes cast thereat, or of making returns or 


17 


certificates thereof, any supervisor of election, the marshal, or his 
general or special deputies, or either of them, or shall threaten, or at¬ 
tempt, or offer so to do, or shall refuse or neglect to aid and assist 
any supervisor of election, or the marshal or his general or special 
deputies, or either of them, in the performance of his or theii- duties 
when required by him or them, or either of them, to give such aid 
and assistance, he shall be guilty of a misdemeanor, and liable to in¬ 
stant aiTest without process, and on conviction thereof shall be 
punished by imprisonment not more than two yeai'S, or by fine not 
more than three thousand dollars, or by both such fine and imprison¬ 
ment, and shall pay the costs of the prosecution. Whoever shall, 
doling the progi’ess of any verification of any list of the persons who 
may have registered or voted, and which shall be had or made under 
any of the provisions of this act, refuse to answer, or refrain from 
answering, or answering shall give false information in respect to an 
inquiry lawfully made, such person shall be liable to arrest and im¬ 
prisonment as for a misdemeanor, and on conviction thereof shall be 
punished by imprisonment not to exceed thirty days, or by fine, not 
to exceed one hundred dollars, or by both such fine and imprison¬ 
ment, and shall pay the costs of the prosecution. 

Sec. 11 . And he it further enacted^ That whoever shall be 
appointed a supervisor of election, or a special deputy marshal under 
the provisions of this act, and shall take the oath of office as such 
supervisor of election or such special deputy marshal, who shall 
thereafter neglect or refuse, without good and lawful excuse to per¬ 
form and discharge fully the duties, obligations, and requirements of 
such office, until the expiration of the term for which he was ap¬ 
pointed, shall not only be subject to removal from office with loss of 
all pay or emoluments, but shall he guilty of a misdemeanor, and on 
conviction shall be punished by imprisonment, for not less than six 
months, nor more than one year, or by fine not less tlian two hun- 
di-ed dollars, and not exceeding five hundred dollars, or by both fine 
and imprisonment, and shall pay the costs of prosecution. 

Sec. 12. And he it further enacted. That the marshal, or his 
general deputies, or such special deputies, as shall be thereto specially 
empowered by him, in writing, and under his hand and seal, when¬ 
ever he or his said general deputies or his special deputies, or either 
or any of them, shall be forcibly resisted in executing their duties 
under this act, or the act hereby amended, or shall, by violence, 
threats, or menaces, be prevented from executing such duties, or 
from aiTesting any person or persons who shall commit any offense 
for which said marshal or his general or his special deputies are au¬ 
thorized to make such arrest, are, and each of them is hereby, em_ 
powered to summon and call to his or theii* aid the bystanders or 
posse comitatus of his district. 


P^^nalty there¬ 
for. 


During rerifica- 
tion of registry 
refusal to an¬ 
swer all lawful 
inquiries a mis- 
deinean,or. 


Neglect or re¬ 
fusal on part of 
superyisors or 
deputy marshal* 
to fully perform 
their duties a 
misdemeanor. 


The marshal, 
his general 
deputies and 
specially em ■ 
powered special 
deputies, when 
prevented from 
discharging 
their duties, 
have right to 
call upon by¬ 
standers to aid 
them. 




18 


Circnlt Courts 
before May J, 
1870, to appoint 
one of the U. S. 
Commissioners, 
Chief Supervisor 
of Elections for 
the district in 
which lie is a 
Commissioner. 


Term of ofllce. 


Duties of Chief 
Supervisor. 


The Marshal and 
allU.S. Commis¬ 
sioners in each 
district perform¬ 
ing any duties 
under this act, 
to forward all 
papers to Chief 
Buperrisor of 
their district. 


Pay of Chief 
Bupervieor* 


Sec. 13. And he it further enoctedy That it shall be the duty 
of each of the circuit courts of the United States in and for each 
judicial circuit, upon the recommendation in writing • 'f the judge 
thereof, to name and appoint, on or before the first day of May, in 
the year eighteen hundred and seventy-one, and thereafter as 
vacancies may from any cause arise, from among the circuit court 
commissioners in and for each judicial district in each of said judicial 
circuits, one of such officers, who shall be known for all duties re- 
quii-ed of him under this act as the chief supervisor of elections of 
the judicial district in and for which he shall be a commissioner, and 
shall, so long as faithful and capable, discharge the duties in this act 
imposed, and whose duty it shall be to prepai'e and fui-nish all 
necessary books, forms, blanks, and instructions for the use and 
direction of the supervisors of election in the several cities and towns 
in their respective districts; to receive the applications of all parties 
for appointment to such positions; and upon the opening, as con¬ 
templated in this act, of the circuit court for the judicial cii’cuit in 
which the commissioner so designated shall act, to present such ap¬ 
plications to the judge thereof, and fui*nish information to said judge 
in respect to the appointment by the said court of such supervisors 
of election; to require of the supervisors of election, where 
necessary, lists of the persons who may register and vote, or either, 
in their respective election districts or voting precincts, and to cause 
the names of those upon any such list whose right to register or 
vote shall be honestly doubted to be verified by pi'oper inquiry and 
examination at the i*espective places by them assigned as their re- 
Bidences; and to receive, preserve, and file all oaths of office of said 
supervisors of election, and of all special deputy marshals appointed 
under the provisions of this act, and all certificates, returns, reports, 
and records of every kind and nature contemplated oi* made requisite 
under and by the provisions of this act, save whei-e otherwise 
herein specially dii-ected. And it is hereby made the duty of all 
United States marshals and commissioners who shall in any judicial 
district perform any duties under the provisions of this act, or the 
act hereby amended, relating to, concerning, or afiTecting the elec¬ 
tion of Representatives or Delegates in the Congress of the United 
States, to, from time to time, and with all due diligence, forward 
to the chief supeiwisor in and for their judicial district all com¬ 
plaints, examinations, and records pertaining thereto, and all oaths 
of office by them administered to any supervisor of election or special 
deputy mai-shal, in order that the same may be properly preserved 
and filed. 

Sec. 14. A^id he it further enactedy That there shall be allowed 
and paid to each chief supervisor, for his services, as such officer, the 
following compensation, apart from and in excess of all fees allowed by 




19 


law for the performance of any duty as circuit court commissioner: For 
filing and caring for every return, report, record, document, or other 
paper required to be filed by him under any of the provisions of this 
act, ten cents; for affixing a seal to any paper, record, report, or in- 
Btrument, twenty cents; for entering and indexing the records of his 
office, fifteen cents per folio; and for aiTanging and transmitting to 
Congress, as provided for in section seven of this act, any report, 
statement, record, return, or examination, for each folio, fifteen cents; 
and for any copy thereof, or of any paper on file, a like sum. And 
there shall be allowed and paid to each and every supervisor of elec¬ 
tion, and each and every special deputy marshal who shall be ap¬ 
pointed and shall perform his duty under the provisions of this act, 
compensation at the rate of five dollars per day for each and 
every day he shall have actually been on duty not exceeding ten days. 
And the fees of the said chief supervisors shall be paid at the Treas¬ 
ury of the United States, such accounts to be made out, verified, ex¬ 
amined, and certified as in case of accounts of commissioners, save 
that the examination or certificate required may be made by either 
the cii'cuit or district judge. 

Sec. 15. And he it further enacted, That the jurisdiction of the 
circuit court of the United States shall extend to all cases in law or 
equity arising under the provisions of this act or the act hereby amend¬ 
ed ; and if any person shall receive any injury to his person or property 
for or ^n account of any act by him done under any of the provisions 
of this act or the act hereby amended, he shall be entitled to main¬ 
tain suit for damages therefor in the circuit court of the United States, 
in the district wherein the party doing the injmy may reside or shall 
be found. 

Sec. Ifi. And he it further enaxited, That in any case where suit 
or prosecution, civil or criminal, shall be commenced in a court of 
any State against any officer of the United States, or other person, 
for or on account of any act done under the provisions of this act, or 
under color thereof, or for or on account of any right, authority, 
or title set up or claimed by such officer or other person under any of 
said provisions, it shall be lawful for the defendent in such suit or 
prosecution, at any time before trial, upon a petition to the cii’cuit 
court of the United States in and for the district in which the de¬ 
fendant shall have been served with process, setting forth the nature 
of said suit or prosecution, and verifying the said petition by affidavit, 
together with a certificate signed by an attorney or counselor-at-lav>' 
of some court of record of the State in which such suit shall have 
been commenced, or of the United States, setting forth that as coun¬ 
sel for the petition [er] he has exammed the proceedings against 
him, and has carefully inquired into all the matters set forth in the 
petition, and that he believes the same to be true, which petition, 


ray of Snpenris- 
ors and special 
Deputy Marsh¬ 
als. 


Fees of Chief 
supervisor to be 
paid at U. S. 
Treasury. 


Jurisdiction of 
the circuit couri 
extended. 


Suits for dama¬ 
ges in circuit 
courta. 


Civil Or crlmina 
suits in any 
State court 
against any per 
son for or on ac¬ 
count of things 
done under this 
act, may be re¬ 
moved to circuit 
court or United 
States upon pe¬ 
tition. 


Mode of pro- 
ceedure. 




20 


Clerk of conrt to 
iBsue » vrrit to 
SUte court. 


Proceedings in 
3t»te court then 
to ceajie. 


Penalty for pro¬ 
ceeding further 
in State court. 


If the defendant 
is in cus.ociy the 
marshal to take 

him. 


Attachments, 
bail, &c. 


If record of State 
court cannot be 
obtained, court 
juay order plain¬ 
tiff to begin 
anew, 


or b« dcfatilted. 



affidavit, and certificate shall be presented to the said circuit court, 
if in session, and, if not, to the clerk thereof at his office, and shall 
be filed in said office, and the cause shall thereupon be entered on 
the docket of said court, and shall be thereafter proceeded in as a 
cause originally commenced in that court; and it shall be the duty 
of the clerk of said court, if the suit was commenced in the com't 
below by summons, to issue a widt of certiorari to the State court, 
requiring said court to send to the said cii’cuit court the record and 
proceedings in said cause; or if it was commenced by capias, he shall 
issue a writ of habeas corpus cum causa, a duplicate of which said 
writ shall be delivered to the clerk of the State court, or left at his 
office by the marshal of the district, or his deputy, or some person 
duly authorized thereto; and thereupon it shall be the duty of the 
said State court to stay all further proceedings in such cause, and the 
said suit or prosecution, upon delivery of such process, or leaving 
the same as aforesaid, shall be deemed and taken to be moved to the 
said circuit court, and any fmther proceedings, trial, or judgment 
therein in the State court shall be wholly null and void; and any 
person, whether an attorney or officer of any State court, or other¬ 
wise, who shall thereafter take any steps, or in any manner proceed 
in the State court in any action so removed, shall be guilty of a mis¬ 
demeanor, and liable to trial and punishment in the court to which 
the action shall have been removed, and upon conviction thereof 
shall be punished by imprisonment for not less than six months nor 
more than one year, or by fine not less than five hundi’ed nor more 
than one thousand dollars, or by both such fine and imprisonment, 
and shall in .addition thereto be amenable to the said court to which 
said action shall have been removed as for a contempt; and if the 
defendant in any such suit be in actual custody on mesne process 
therein, it shall be the duty of the marshal, by virtue of the writ of 
habeas corpus cum causa, to take the body of the defendant into his 
custody, to be dealt with in the said cause according to the rules of 
law and the order of the circuit court, or of any judge thereof in 
vacation. And all attachments made, and all bail or other security 
given upon such suit or prosecution shall be and continue in like 
force and effect as if the same suit or prosecution had proceeded to 
final judgment and execution in the State couit. And if upon the 
removal of any such suit or prosecution, it shall be made to appear 
to the said cu’cuit court that no copy of the record and proceedings 
therein in the State court can be obtained, it shall be lawful for said 
cu’Cuit court to allow and require the plaintiff* to proceed de novo, 
and to file a declaration of his cause of action, and the parties may 
thereupon proceed as in actions originally brought in said circuit 
court; and on failure of so proceeding, judgment of non prosequitur 
may be reudered against the plaintiff with costa for the defendant 


21 


Sec. 17 . And he it further enacted^ That in any case in which 
any party is or may be by law entitled to copies of the record and 
proceedings in any suit or prosecution in any State court, to be 
used in any court of the United States, if the clerk of said State 
coiut shall, upon demand and the payment or tender of the legal 
fees, rehise or neglect to deliver to such paities certified copies of 
such record and proceedings, the court of the United States in which 
such record and proceedings may be needed, on proof by affidavit 
that the clerk of such State court has refused or neglected to deliver 
copies thereof on demand as aforesaid, may dii*ect and allow such re¬ 
cord to be supplied by affidavit or otherwise as the cii-cumstances of 
the case may require and allow; and thereupon such proceeding, 
trial, and judgment may be had in the said court of the United 
States, and all such processes awarded, as if certified copies of such 
records and proceedings had been regularly before the said court; 
and hereafter in all civil actions in the courts of the United States 
either party thereto may notice the same for trial. 

Sec. 18 . And he it further enacted. That sections five and six 
of the act of the Congress of the United States, approved, July four¬ 
teen, eighteen hundred and seventy, and entitled: “An act to amend 
the naturalization laws and to punish crimes against the same,” be, 
and the same are hereby repealed, but this repeal shall not afiect 
any proceeding or prosecution now pending for any offense under 
the said sections, or either of them, or any question which may arise 
therein respecting the appointment of the persons in said sections, 
or either of them, provided for, or the powers, duties, or obligations 
of such persons. 

Sec. 19 . And he it further enacted^ That all votes for Repre¬ 
sentatives in CongTess shall hereafter be by wiitten or printed bal¬ 
lot, any law of any State to the contrary notwithstanding, and all 
votes received or recorded contrary to the provisions of this sec¬ 
tion shall be of no effect. 

Approved, Feb. 28th, 1871. 


If cleric of State 
court UQlawfuUy 
refuses to deliv¬ 
er copies of re¬ 
cords, Ac , the 
circuit court 
may allow the 
records to be 
supplied by affi¬ 
davit. 


Subsequent 
proceedings in 
such case. 


Notice of actions 
for trial. 


Repeal of sec¬ 
tions five and 
six, act of July 
14, 1870. 


Pending prose¬ 
cutions, &c., not 
effected thereby. 


Votes for repre¬ 
sentatives in 
Congress, to be 
only by written 
or printed ballot 


22 


Whenever in 
any county or 
parish ten citi¬ 
zens ask in 
writing for 
supervision of 
registration or 
election, the 
circuit judge 
shall open court 
and appoint two 
citizens of dif¬ 
ferent political 
parties. &c . 
supervisors of 
elections. 


Power and 
jurisdiction of 
the court. 


No compensa¬ 
tion to super¬ 
visors save in 
cities or towns 
of *20,000 inhabi¬ 
tants. 


NATIONAL ELECTION LA¥ 


FOR PLACES OTHER THAN CITIES OF TWENTY THOUSAND 
INHABITANTS AND UPWARD. 


ACT OF JUNE 10, 1872. 


The Act of Febniary 28, 1871, relative to the right of citizens to vote, and 
any acts amendatory thereof, or supplementary thereto, are by the following 
provisions supplemented and amended so as to further provide: 

That whenever, in any county or parish in any congressional 
district, there shall be ten citizens thereof, of good standing, who, 
prior to any registration of voters for an election for representatives 
in Congress, or prior to any election at which a representative in 
Congress is to be voted for, shall make known, in writing, to the 
judge of the circuit com*t of the United States for the district 
wherein such county or parish is situate, then- deske to have said 
registration or election both guarded and scrutinized, it shall be the 
duty of the said judge of the circuit court, within not less than ten 
days prior to said registration or election, as the case may be, to 
open the said court at the most convenient point in said district; 
and the said court when so opened by said judge, shall proceed to 
appoint and commission, from day to day, and from time to time 
and under the hand of the said judge, and under the seal of said 
couit, for such election district or voting precinct in said congres¬ 
sional district as shall, in the manner herein prescribed, have been 
applied for, and to revoke, change, or renew said appointment from 
time to time, two citizens, residents of said election district or voting 
precinct in said county or parish, who shall be of different political 
parties, and able to read and write the English language, and who 
shall be known and designated as supervisors of election; and the 
said court, Tvhen opened by the said judge as requu-ed herein, shall, 
therefrom and thereafter and up to and including the day following 
the day of the election, be always open for the transaction of busi_ 
iness under this act; and the powers and jurisdiction hereby granted 
and conferred shall be exercised, as well in vacation as in term time; 
and a judge sitting at chambers, shall have the same powers and 
jurisdiction, including the power of keeping order and of punishing 
any contempt of his authority, as when sitting in the court: Pro- 
vided, That no compensation shall he allowed to the supervisors 
as herein authoi'ized to be appointed, except those appointed in 
cities or towns of twenty thousand or more inhabitants. 





23 


And no person shall be appointed under this act as super\isor 
of election wlio is not at the time of his appointment a qualified 
voter of the county, parish, election district, or voting precinct for 
which he is appointed. 

And no person shall be appointed deputy marshal under the act of 
which this is amendatory, who is not a qualified voter at the time 
of his appointment, in the county, parish, district, or precinct in 
which his duties are to be performed. 

And section thirteen of the act of which this is an amendment, 
shall be construed to authorize and require the circuit courts «:f the 
United States in said section mentioned to name and appoint, as 
soon as may be after the passage of this act, the commissioners pro¬ 
vided for in said section in all cases in which such appointments have 
not already been made in conformity therewith. 

And the thii'd section of the act to which this is an amendment 
shall be taken and construed to authorize each of the judges of the 
circuit courts of the United States to designate one or more of the 
judges of the district courts within his circuit, to discharge the duties 
arising under this act, or the act to which this is an amendment. 

And the words “ any person” in section four of the act of May 
thirty-first, eighteen hundred and seventy, shall be held to include 
any officer or other person having powers or duties of an official 
character under this act or the act to which this is an aineiidineiit: 
JProvided, That nothing in this section shall be so construed as 
to authorize the appointment of any marshals or deputy marshals in 
addition to those heretofore authorized by law. 

And provided further^ That the supervisors herein provided for 
shall have no power or authority to make ai-rests or t*.' perforin 
other duties than to be in the immediate presence of the officers 
holding the election, and to witness all their proceedings, including 
the counting of the votes and the making of a retm-n thereof. 


Under this act 
supervisor 
must be quali¬ 
fied voter of 
the county, &c., 
in whicli he is 
appointed. 

Deputy marsh¬ 
als, under act of 
1871, must be 
qualified voters 
in county, &c., 
in which duties 
are to be per¬ 
formed. 

Chief Super¬ 
visors of elec¬ 
tions, not 
heretofore ap¬ 
pointed, to be 
at once desig¬ 
nated. 


More than one 
of the district 
judges maybe 
designated by 
circuit .judge to 
perform duties 
under this act 
and act of 1871. 


Words ‘ any 
person,” in act 
of 1870, to in¬ 
clude, &;c. 


Appointment 
of additional 
marshals or 
deputies not 
authorized by 
this act. 

Supervisors ap¬ 
pointed under 
this act to 
perform no 
duties other 
than to bo in 
presence of 
election officers 
and witness all 
their proceed¬ 
ings, including 
the counting of 
the votes and 
making return 
thereof. 


Approved June 10,1872. 


24 


Seamen, being 
foreigners, may 
become citizens 
by declaring in¬ 
tent and serving 
three years in 
merchant 
service. 


When to be 
deemed citizens 
for purpose of 
manning or 
serving on 
board American 
merchantmen. 


To be entitled 
to protection 
after tiling dec¬ 
laration of 
intent. 


NATURALIZATION OF SEAMEN. 


ACT OF JUNE 7, 1872. 


By section 29, Act of June 7, 1872, it is provided as follows : 

Section 29. That every seaman, being a foreigner, who declares 
Ids intention ol‘ becoming a citizen of the United States in any 
competent court, and shall have served three years on board of a 
merchant ship or ships of the United States, subsequent to the date 
of such declaration, may, on his application to any competent court, 
and the production of his certificate of discharge and good con¬ 
duct during that time, together with the certificate of his dec 
laration of intention to become a citizen, be admitted a citizen of the 
United States; and every seaman, being a foreigner, shall, after his 
declaration of intention to become a citizen of the United States, and 
shall have served said three years, be deemed a citizen of the United 
States for the purpose of manning and serving on board any mer¬ 
chant ship of the United States, anything to the contrary in any 
previous act of Congress notwithstanding; but such seaman shall, 
for all purposes of protection as an American citizen, be deemed 
such, after the filing of his declaration of intention to become such 
citizen. 


I 





^CT 

IN EELATION TO ELECTIONS IN THE CITY 
AND COUNTY OF NEW YOEK, AND TO 
PEOVIDE FOE ASCERTAINING, BY PEO- 
PEE PEOOFS, THE CITIZENS WHO SHALL 
BE ENTITLED TO THE EIGHT OF SUF- 
FEAGE THEEEAT. 

The People of the State of New York, Eepresented 
in Senate and Assembly, do enact as follows : 

Section I. Hereafter, all officers to be elected by 
the people in the City and Count}^ of New York, shall 
be chosen at the General Election in November, except 
in cases where other elections may be authorized by 
la\v. 

Section 2. The da.ys upon which the general or 
local election shall hereafter be held in the City and 
County of New York shall, for all purposes whatever, 
as regards the presenting for payment or acceptance, 
and of the protesting and giving notice of the dishonor 
of bills of exchange, bank-checks and promissory 
notes, made after the passage of this act, be treated 
and considered as is the first day of the week, com¬ 
monly called Sunday. 

Section 3. At elections hereafter to be held in the 
City and County of New York, the boxes to be used 
in receiving the ballots thereat, shall be marked and 
numbered successively, as follows: Number one, 
“President’^; number two, “ Generab^; number three, 
“Congress^^; number four, “Senator”; number five, 
“ Assembly” ; number six, “ City” ; number seven, 

School”; number eight, “Justices”; and at every 


All officers 
elected in No¬ 
vember except. 


Election days 
legal holidays. 


Ballot boxes 
how marked. 


2 


Boxes to be 
lurnislied. 


Ballot for Pres¬ 
ident and Vice- 
President. 


Form of 


How folded and 
indorsed. 


Names of City 
and County 
Officers except, 
&c.. to be on 
one ballot, to 
designate name 
and office. 


How folded. 


How indorsed. 


Separate ballots 
for Eep. in 
Congress. 


To designate 
name, office, 
and district. 
How folded. 
How indorsed. 


Where de¬ 
posited. 


Separate ballot 
for Senator. 


To designate 
name, office, 
and district. 
How folded. 
How indorsed. 

Where de- 
poalted. 


Separate ballot 
for Member nf 
Assembly, to 
designate name, 
office, and dis¬ 
trict. 


election hereafter to be beld in said City and County, 
such number of boxes, marked as aforesaid, shall be 
furnished, as may be required by law, to receive the 
ballots to be used at such election. 

Section 4. The ballot for electors of President and 
Yice-President shall be the same as now prescribed by 
law, and, when folded, shall be indorsed, or show on 
the outside, the words “President, number one,’' and be 
deposited in box number one. 

All other officers in whose election all the voters of 
said City and County alike participate, except those 
herein designated to be voted for on separate ballots, 
shall be voted for upon one ballot, which upon the face 
thereof shall contain a designation of the offices, and 
the name or names of the person or persons to be 
voted for, or such of them as any voter may desire to 
vote for, and which, when folded, shall be indorsed, or 
show upon the outside thereof, the words “ G-eneral, 
number two,” and be deposited in box number two. 

The name of the person designated for representa¬ 
tive in Congress shall be on a separate ballot, which 
upon the face thereof shall contain a designation of 
the office and the district for which the officer is to be 
elected ; and which, when folded, shall be indorsed, or 
show upon the outside thereof, the words “ Congress, 
number three,” and be deposited in box number three. 

The name of the person designated for Senator shall 
be on a separate ballot, which, upon the face thereof, 
shall contain a designation of the office and the district 
for which the officer is to be elected, and which, when 
folded, shall be indorsed, or show upon the outside 
thereof, the words “Senator, number four,” and be 
deposited in box number four. 

The name of the person designated for Member of 
Assembly shall be on a separate ballot which, upon the 
face thereof, shall contain a designation of the office and 
the district for which the officer is to be elected, and 


s 


which, when folded, shall be . indorsed, or show upon 
the outside thereof, the words “Assembly, number five,” 
and be deposited in box number five. 

The names of the persons designated for Aldermen 
and Assistant Aldermen shall be on a separate ballot, 
which, upon the face thereof, shall contain a designation 
of the office, and the district for which the officers are 
to be elected, and which, when folded, shall be in¬ 
dorsed, or show upon the outside thereof the words “City, 
number six,” and be deposited in box number six. 

The names of the persons designated for Commission¬ 
ers of Public Instruction shall be on a separate ballot, 
which, upon the face thereof, shall contain a designation 
of the office and the senate district for which the 
officers are to be elected, and which, when folded, shall 
be indorsed, or show upon the outside thereof, the words 
“ Commissioners of Public Instruction, number seven,” 
and be deposited in box number seven. 

The names of the persons designated for Police 
justice and justice of the district court shall be upon 
one ballot, which ballot, upon the face thereof, shall 
contain a designation of the office, and the district for 
which the officers are to be elected, and the name or 
names of the person or persons to be voted for, or 
such of them as any voter may desire to vote for, and 
which, when folded, shall be indorsed, or show upon the 
outside thereof, the words “Justices, number eight,” 
and be deposited in box number eight. 


How folded. 
How indorsed. 

Where 

deposited, 


Separate ballot 
for Aldermen 
and Asst. 
Aldermen. 

To designate 
name, office, 
and district. 


How folded. 
How indorsed. 


Where 

deposited. 


Separate ballot 
for Com. Pub. 
Instruction. 

To designate 
name, office, 
and district. 


Where deposit¬ 
ed. 


One ballot for 
Police Justice 
and Justice of 
the District 
Court. 


To designate 
names, office, 
and district. 


How folded. 
How indorsed 


Section 5. At all elections hereafter held in 
the City and County of New York, the polls shall 
be opened at six o’clock in the morning, and close 
at four o’clock in the afternoon. 

Section 6. At every election hereafter held in the EiecuoBsimd 
citv and county of New York, the election and city to be con- 

1 n 1 • n ducted in con- 

canvass of the votes cast thereat shall be m all 






4 


formity with 
Gen’l Election 
a W8 except as 
herein provided 


Board of Police 
to eBtablish 
Bureau of Elec¬ 
tions. 


And appoint a 
Chief of the 
Bureau of Elec¬ 
tions. 

Term of office 3 
years. 

Salary to be 
fixed by the 
Board not ex¬ 
ceeding $ 5,000. 


Bemovable by 
Board for cause 


Board of Police 
to prepare 
books for regis¬ 
tration of names 
and facts. 


To be called 
Kegisters. 


To contain the 
name of each 
street and No. 
of each dwelling. 


Names of all 
male persons in 
each dwelling 
applying for 
registration. 


respects conducted in conformity to the provisions 
of the general election laws of this State, except as 
in this Act otherwise provided. 

Section 7. It is hereby made the duty of “ the board 
of police’’ of the city of New York, on or before 
the first day of August, eighteen hundred and seventy- 
two to establish a bureiiu in the office of the depart¬ 
ment of police, in the city and county of New York, 
to be known and designated avS the bureau of elections. 
The affairs of said bureau shall, under and subject to 
such rules, regulations and orders as may from time 
to time be made and adopted b}^ said board of police, 
be managed, conducted and carried on bj" a suitable 
and proper person, to be chosen and selected by said 
board, who shall be known as the chief of the bureau 
of elections, shall hold office for the period of three 
years, and whose salary shall be fixed and paid by 
said board, at such sum as they shall deem proper, 
not exceeding five thousand dollars, and shall be re¬ 
movable by the board of police for cause. 

Section 8. It shall also be the dut}^ of “the board 
of police” to at once cause to be prepared books 
for the registration of names and facts required 
by this act. Said books to be known hy the general 
name of registers, and to be so arranged as to 
admit of the entering, under the name of each street 
or avenue in each election district, and the num¬ 
ber of each dwelling in any such street or avenue, 
if there be a number thereto, and if there be no 
number, under such other definite description of the 
location of the dwelling place as shall enable it to be 
readily ascertained, found and located, of the names 
of all male persons resident in each dwelling in each 
of said districts who shall apply for registration. Said 
registers shall be ruled in parallel columns, in which, 
opposite to and against the name of every applicant, 


6 


shall be entered the words and figures hereinafter ruiKndtobe 
provided in this act, and shall be of such size as to tain 700 names, 
contain not less than seven hundred names, and so 
prepared as that they may be used at each election when used, 
in the city and county of New York, until such time 
as is in this act provided for the succeeding general 
registration, and shall, on the inside, be in appearance 
and form as follows, to wit: 


i 





6 


m 

H 

O 

O 

W 

H 

CO 

t—I 

cb 

w 


•paSnaiiBqol 


ludy pa^oAl 


-J9(lUI8AO^ P8?0 aI 


emtin Suis'Baa jo 9 ';'B(i| 


•pagipsnbstp ^Cq^Sil 


a 

sx O 
o-^ 
(p e 8 
^ O 
ce U 

ft ft 


Cl C9 

00 UU 00 

<C v? 

*H « CO 

o o o 

d ^ ^ 

sla 


•J9?0A pagiiBnf) 


CD a m 
O ^ <V 


o 

O 


tH :>4 


O 

•n 

« 

ft 

p 

QD 


: ^ 
•5 



^ 0 00 
tr- • O 

00 • ou 

*5! m 



® ® 

■w ft 

05 c3 

£f 

^ ; CO 

ft ft 

S* • ■** 
S -o 


c5 1 

•pozqBjnuBij 

. 1 

W ^ 00 

^ c8 a> 


tH 


H 

o 

W 

Q 

IH 

(C 

« 

o 

a 

p 

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S 

s 

02 


05 c3 5 

® ® Si 


P 

P 

o 

O 


m 


m 
fiS 

P ■ ^ 
O n Jj 

a§| 

^ 


-g« 

B'C 

-w 

00 

OQ 

O-o 


5 

3 I 

-H 


: 'p 


uoioo 


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0^ 


o 


o 


,- *H _ 

S'! 2 


'O /A • 
.2 cfl 

-2 S='S 

SCO 3 
p ® S 

WiSO 


‘UJOAVg 


00 00 QQ 
<p <p (P 

tHpHpH 


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U9qinnii raooal 


ft 

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o 

•a 


[These spaces to be filled up after the manner of the above.] 



















































7 


Section 9. It shall be the duty of “ the board of 
police/^ on or before the first day of September, in 
the year one thousand eight hundred and seventy-two, 
to divide the several assembly districts in the City 
and County of New York into election districts, so 
that each election district shall contain, as near as 
practicable, two hundred and fifty voters ; and it shall 
not be lawful for said Board to thereafter alter or 
change either the number or boundaries of any election 
district so fixed b} them, save in such years as by law 
the said city and county is re-districted by assembly 
districts, and in such years as the usual and customary 
national enumeration of citizens in said city and county 
is had and taken, when a general re-districting of said 
city and county, upon the same basis as to number of 
voters as is in this section above provided, shall be made 
by assembly districts at least as early as the twen¬ 
tieth day of September in said years. 

Section 10. It shall be the duty of the chief of the 
bureau of elections to receive, file and preserve in his 
ojBBce all resolutions, orders, rules and regulations of 
said board of police, pertaining to or in anywise 
affecting the conduct of the affairs of his bureau; to 
prepare and furnish all necessary registers, books, 
maps, forms, oaths, certificates, blanks and instructions 
for the use of the inspectors of election and the board 
of county canvassers ; to provide for the furnishing of 
such officers therewith and with all necessary supplies ; 
to have and retain the custody of all registers and 
copies thereof provided for in this act, all oaths of 
office and of removal, and all records, papers and cer¬ 
tificates of every kind and nature pertaining to the 
affairs of his bureau, the conduct of any registration 
of electors, revision thereof, or of any election ; and to 
have charge of the fitting up of all polling places. The 
said chief shall, for any revision of any general regis¬ 
tration, issue to each of the inspectors of election, in 


Board of Police 
to divide assem¬ 
bly districts into 
election districts 


Each district to 
contain 250 
voters. 


Such districts 
not to be 
changed except, 
&c. &o. 


When to re-dls- 
trict on same 
basis. 


Duties of the 
Chief of Bureau 
of Elections to 
keep certain 
papers. 


to prepare and 
furnish books 
and stationary. 


and all needed 
supplies. 


to have custody 
of, and keep all 
records, papers, 
&c. 


to have charge 
of fitting up of 
polling places, 

to issue Regis¬ 
ters in certain 
cases. 



8 


To appoint a 
Chief Clerk. 


Salary not to 
exceed $ 2,000. 


Board to furnish 
otber clerical 
force from 
among patrol¬ 
men. 


Former bureau 
of elections to 
deliver to this 
Bxareau all docu¬ 
ments, books, 
papers, &c. 


Old bureau 
abolished. 


Inspectors of 
elections and 
poll clerks ap¬ 
pointed, trans¬ 
ferred, and re¬ 
moved by the 
Board of Polic e 


Appointments 
to be made in 
August and Sep¬ 
tember. 


each election district in the city and county of New 
York, one of the registers of said district in use 
therein at the preceding election and returned to and 
filed b}' him in his office. 

Sectton 11. The chief of the bureau of elections 
shall have the right, subject to the approval of the 
board of police, to appoint a chiel clerk, who 
shall receive a salary not exceeding $2 000 per 
annum. Such other clerical assistance as, in the judg¬ 
ment of said board^ shall be necessary and proper for 
the faithful performance by the bureau of elections of 
the duties in this act imposed, shall be furnished by 
said board by detail from among the patrolmen under 
its command. 

Section 12. On the organization of the bureau of 
elections, as hereinbefore provided, all documents, 
returns, maps, books, accounts, forms, papers, 
and records of every description tiled in, or be¬ 
longing to the bureau of elections heretofore 
established, shall be transferred to the custody 
of the bureau in this act contemplated, and filed 
therein ; and on such organization the said bureau 
of elections, heretofore established by authority of 
section seventeen of the act, chapter one hundred 
and thirty-eight of the laws of 1870, entitled an “An 
Act in relation to Elections in the City and County of 
New York,” and the act or acts amendatory thereof, 
shall be and the same hereby is abolished. 

Section 13. All inspectors of election and poll 
clerks in the city and county of New York shall 
hereafter be selected and appointed by the board 
of police, who shall also have power to make all 
necessary removals and -transfers, and fill all vacan¬ 
cies which may, from any cause, arise. It shall be 
the duty of the said board of police, in the months 
of August and September, in the year one thousand 


9 


eight hundred and seventy-two, and annually in 
the months of August and September in each suc¬ 
ceeding year for each election district, in said city 
and county, to select to serve as inspectors of 
election, four persons (two of whom, on State issues, 
shall be of different political faith and opinions from 
their associates, and those appointed to represent the 
party in political minority on State issues in the said 
city and county, to be named solelj by such commis¬ 
sioner, or such of the commissioners of police in said 
board as are the representatives of such political min¬ 
ority), who shall be citizens of the United States and of 
the State of New York, of good character, and able to 
read, write and speak the English language under- 
standingly, qualified voters in said city and county, 
and not candidates for any office to be voted for by 
the electors of the district for which they shall be 
selected : but no person shall be required to be a resi¬ 
dent or voter in the election district for which he shall 
be appointed an inspector. The persons so selected 
shall be notified, examined as to their qualifications, 
and, if approved, shall each take and subscribe before 
the chief of the bureau of elections or the chief clerk 
thereof, within twenty days from the date of notice of 
appointment, the following oath of office: 

“ 1 residing at No. 

in llie city of 

New York, do solemnly swear (or affirm) that I will support the Consti¬ 
tution of the United Stales and of the State of New York ; and that I 
will faithfully disciiarge the duties of the office of Inspector of Elec¬ 
tions for the Election Distiict 

of the Assembly District of the City of New York ac¬ 

cording to the best of my ability; and that I am a citizen of the 
United States and of the State of New York, a qualified voter in 
the city and county of New York and not a candidate for any office 
to be voted for by the electors of the district for which I am appointed 
an Inspector.” 

Whoever shall bo nominated, appi'oved and 
sworn into office as an inspector of election shall 


Four In8pec*^ori» 
to each distiict, 
two ol' whom 
shall be of dif 
ferent political 
faith from theif 
associates. 


Commissioner* 
of Police, of 
liarty in minori¬ 
ty on State 
issues, to name 
iusjiectors far 
each district 


Qualifications 
required for 
Inspectors. 


Need not be 
resident Of voter 
of district in 
which he serves. 


Manner of ap¬ 
pointment. 


Oath of office. 


Form and sub¬ 
stance of 


Certificate of 
appointment^ 




10 


Form of. 


Term of office. 


Manner of pro¬ 
ceedings in 
removals from 
office. 


Inspectors ap¬ 
pointed to fill 
vacancies to 
hold only dur¬ 
ing uuexpired 
term. 


No inspector or 
poll clerk to be 
transferred 
after entering 
upon his duties 


Applicant for 
registration 
may be chal¬ 
lenged. 


By whom. 


In such case 
oath to be ad¬ 
ministered. 


receive a certificate of appointment from the board 
of police, said certificate to be in such form as shall be 
prescribed by the said board, and to specify the assem¬ 
bly and election districts in and for which the person to 
whom the same is issued is appointed to serve, and the 
date of expiration of his term of office. The inspectors 
of election, appointed under the provisions of this act, 
shall hold office for one year, unless sooner removed 
for want of the requisite qualifications, or for cause, in 
either of which case such removal, unless made while 
the inspector is actually on duty on a day of registra¬ 
tion, revision of registration or election, and for im¬ 
proper conduct as an election officer, shall only be 
made after notice, in writing, to the officer sought to 
be removed, which notice shall set forth clearly and 
distinctly the reasons for his removal. Provided, 
That any inspector of election who shall at any 
time be appointed to fill a vacancy, which fact shall 
be stated in his certificate of appointment, shall hold 
office only during the unexpired term of his prede¬ 
cessor, and that no inspector of election or poll clerk 
shall be transferred from one election district to 
another after he has entered upon the performance of 
his duties. 

Section 14. Any person applying to register or 
offering to vote, or who is registered, may, on any 
day of any general registration, revision of registra¬ 
tion or of election, be challenged by any qualified 
voter in the city and county of New York, and either 
of the inspectors of election, in any election district 
in said city and county, may, at any authorized meet¬ 
ing of the board, and one of them shall, administer 
to any person so challenged the oath or oaths provided 
by law to test the qualification of challenged electors; 
and either of said inspectors may, at any such meet¬ 
ing, administer to any applicant for registration the 
oath or oaths provided in this act to be administered 


11 


to and taken by any such applicant, and may also 
administer to any elector of the election district who 
may be offered as a witness to prove the qualification 
of any person claiming the right to be registered, or 
to vote, the following oath : 

“You do swear or affinn that you are an elector of this election district; 
that you will fully and truly answer all such questions as shall be put to you 
touching the place of residence and other qualifications as an elector of tK 
pei*son (name to be given) now claiming the right to be registered as a voter 
in this district.” 


Section 15. Two persons of different political faith 
and opinions, on state issues, and possessing the other 
qualifications required by this act of inspectors of 
election, shall be, in all respects, similarly named, 
selected, notified, examined, appointed, commissioned 
and sworn as poll clerks in and for each election dis¬ 
trict in the city and county of New York, They shall 
hold office for the same period of time, and upon the 
same conditions as are above prescribed for inspectors 
of election, and shall receive a like certificate of ap¬ 
pointment. 

Section 16. Whenever, from any cause, there shall 
exist a vacancy in the office .A' inspector of election 
or poll clerk, the person appointed to fill such vacancy 
shall be named by such commissioner, or such of the 
commissioners of said board of police, or his successor 
or their successors, as named the inspector or poll 
clerk in whose place any such person is designated. 

Section 17. Inspectors of election and poll clerks 
appointed in pursuance of the provisions of this act, 
shall each be entitled to receive five dollars per day for 
each day’s service at any registration, or revision of 
registration, and seven dollars per day for service on 
the day of any election, which compensation shall be 
paid on the certificate of the chief of the bureau of 


Authority to 
administ .r oath 
to applicant. 

Also to wit¬ 
nesses. 


Form of oath to 
be administeroi 
to witnesses. 


Poll Clerks. 
How appointed. 
Qualiheations. 


Tern: of office 
of. 


Certificate of 
appomtment of. 


Vacancies in 
office of In¬ 
spectors and 
Poll clerks, how 
tilled. 


Compensatioii 
ofinspectors 
and Poll clerks. 


How certified 
and paid. 




12 


No payments to 
be made in cer¬ 
tain uasea. 


Acting as in¬ 
spector or poll 
Clerk in certain 
cases a mis¬ 
demeanor. 


Inspectors and 
poll clerks ex¬ 
empted from 
military and 
jury duty. 


elections as to the period of service ; but no payment 
shall be made to any person as an inspector of elec¬ 
tion or poll clerk who shall not have taken, sub¬ 
scribed and filed the oath or affirmation required 
herein, and who shall not, during the period of his 
service, have fully complied with all the requirements 
of law in anywise relating to his duties, and the acting 
of any such person, in either of said capacities, with¬ 
out having taken, subscribed and filed the said oath 
or affirmation, shall be deemed to be, and punished 
as a misdemeanor. Inspectors of election and poll 
clerks, during the time they shall hold such offices, 
shall be exempt from the performance of military and 
jury duty. 


Inspectors and 
poU clerks to be 
notified of ap¬ 
pointment. 


Must appear 
before Chief of 
Bureau of Elec¬ 
tions for exami¬ 
nation. 


If qualified 
bound to serve 
unless excused. 


Under penalty 
of $101) for re¬ 
fusing. 


Failur* to per¬ 
form duties 
deemed a re* 
fusaL 


Unless pre¬ 
vented by Hick- 
or other good 
cause. 


Section 18. Each and every person selected and noti¬ 
fied by the board of police, as its choice for the office 
of inspector of election, or of poll clerk, shall, on the 
receipt of notice thereof, appear, within ten days there¬ 
after, before the chief of the bureau of elections, for 
the purpose of examination, and, if found qualified, shall, 
unless excused by said board, by reason of ill health, or 
other good and sufficient cause, be bound to serve 
as such officer at every election for the term of one 
year from the date of his appointment, and in case of 
neglect or refusal to comply with the above require¬ 
ments, or to serve or act, shall be liable to a penalty 
oi $10^, recoverable by the said board by civil action, 
in any court of record, in the name of the treasurer 
of the board, and for the use and benefit of the 
police fund. And a failure on the part of any 
such person to present himself for examination, 
or to comply with any of the requirements of this 
act preliminary to receiving his certificate of appoint¬ 
ment within the time prescribed, or to attend on the 
day of any registration or revision of registration or 
the day of any election during said term, unless pre¬ 
vented by sickness or other sufficient cause—the bur- 


13 


den of proof of which shall be upon the delinquent—• 
shall be deemed a refusal within the meaning of this 
section. 

Section 19. The inspectors of election in each 
election district in the city and county of New 
York while discharging any of the duties imposed 
upon them by this act, shall have full authority 
to preserve order and enforce obedience to their 
lawful commands at and around the place of regis¬ 
tration, revision of registration or election, during 
the time of any registration, revision of registration, 
election or canvass, estimate, or return of votes; to 
keep the access to such place open and unobstructed ; 
to prevent and suppress riots, tumult, violence, disor¬ 
der and all other improper practices, tending to the 
intimidation or obstruction of voters, the disturbance 
or interruption of the work of registration, revision of 
registration, or voting, or the canvass, estimate, or return 
of votes, and to protect the voters, challengers and per- 
I sons designated to watch the canvass of any ballots, 

; from intimidation or violence, and the registers, poll 

I books, boxes, and ballots from violence and fraud; and 
■ to appoint or deputize, if necessary, one or more 
electors to communicate their orders and directions, 

I and to assist in the enforcement thereof. 

Section 20. Hereafter there shall, in the city and 
county of New York, be a general registration of 
the qualified voters resident in each election district 
in said city and county at the times hereinbelow 
provided, and then only : On Tuesday four weeks, 
the Wednesday of the third week, and the Friday 
and Saturday of the second week preceding the day of 
the November election jn the year one thousand 
eight hundred and seventy-two, and thereafter 
on the same days of the week and at the same 
intervals of time preceding the day of the No- 


Inspectors to 
preserve order, 

&o. 


At and around 
places uf 
registration and 
polls of eleo- 
tion. 


To suppress 
riots, &o. 


Protect voters, 
challengers, kc. 


For these pur¬ 
poses to depu¬ 
tize one or 
more electors 
to assist. 


General regis¬ 
tration of voters 
to be had. 


When. 



14 


RoviBlon of 
general registrar 
tiou to be had 
at other than 
elections held 
in November. 


On what days. 


Inspectors of 
election shall 
meet for pur¬ 
poses of general 
registration. 


Organize, how. 


Keceive appli¬ 
cations for 
registration 
from persons 
who personally 
apply. 


Remain in ses¬ 
sion from 8 
o’clock A. M. to 
ft o’clock, p. M* 


Shall administer 
oath to each ap¬ 
plicant 


Form of oath, 


Shall examine 
each applicant. 


vember election in each year. For each and 
every election held in the city and county of New 
York, other than such as above designated in this 
section, there shall be a revision of the general regis¬ 
tration had, as provided in this act, which revision 
shall be made on the Friday and Saturday of the 
second week preceding the day of each and every such 
election. 

Section 21. The inspectors of election appointed 
pursuant to the provisions of this act shall, at the times 
in this act designated for a general registration, meet 
in their respective election districts, at the places 
which, as provided in this act, shall be designated 
therein for such meetings, and at such times, in each 
election district, the said inspectors of election shall 
openly and publicly do and perform the following acts, 
viz : I. They shall organize, as a board, by selecting one 
of their number to act as chairman ; but in case of a 
failure to so organize within fifteen minutes after the 
time fixed for the meeting, the chairman shall be 
selected by lot. II. They shall receive the appli¬ 
cations for registration of such male residents ot 
their several election districts as then are or on 
the day of election next following the day of making such 
applications would be entitled to vote therein, and who 
shall personal!}" present themselves and such only. III. 
They shall remain in session, on each of said days, 
between the hours of eight o’clock in the morning and 
nine o’clock in the evening, and shall administer, to 
all persons who personally apply to register, the 
following oath or affirmation, viz. : 

“ You do solemnly swear (or affirm) that you will fully and truly answer 
all such questions as shall be put to you touching your place of residence 
name, place of biith, your qualifications as an elector and your right as such 
to register and vote under the laws of this State.” 

IV. They sliall then examine each applicant as to 
his qualifications as an elector, and unless otherwise 
provided herein, shall immediately, and in the pres- 


15 


ence of the applicant, enter in the registers, to be made 
and furnished as provided in this act, the statements and 
facts below set forth, in the manner following, viz.: First 
—Under the column “Residence,’’ the name and number 
of the street, avenue or other location of the dwelling, if 
there be a number, but if there shall not be a number 
such clear and definite description of the place of said 
dw^elling as shall enable it to be readily ascer¬ 
tained, fixed and determined ; and if there shall be 
more than one house at the number given by the ap¬ 
plicant as his place of residence, in which house he 
resides, and if there be more than one family residing 
in said house, either the floor on which he resides— 
every floor below the level of the ground being desig¬ 
nated as the basement, the first floor on or above such 
level as the first floor, and each floor above that as the 
second or such other floor as it may be, or the number 
or location of the room or rooms occupied by the appli¬ 
cant, and whether front or rear. Second—Under the 
column “Address,” the name of the applicant, giving the 
surname and Christian name in full; but the names 
of all persons residing in the same dwelling to follow 
each other, and to be under the street and house num¬ 
ber, or other description, as provided, of the dwelling. 
Third—Under the column of “ Sworn” the word “yes” 
or “no,” as the fact shall be. Fourth—Under the 
column of “Nativity,” the state, country, kingdom, 
empire, or dominion, as the fact shall be stated by the 
applicant. Fifth—Under the column of “Color.” the 
words “ white” or “colored,” as the fact shall be. 
Sixth—Under the sub-divisions of the general column 
of “Term of Residence,” the periods by months, or 
years stated by the applicant in response to inquiries 
made for the purpose of ascertaining his qualification 
and filling such column. Seventh—Under the column 
of “Naturalized,” the words “yes,” or “no,” or 
“native,” as the fact shall be stated. Eighth—Under 
the column of “Date of Papers,” the date of natural- 


Shali enter in 
register state¬ 
ments and facta 
required as 
follows : 


Name and No. 
of street; 


If more than 
one family in a 
house the floor 
on which he re¬ 
sides, every such 
floor as Is below 
ground being 
called base¬ 
ment; next 
above, Ist floor, 
&c.; or the 
number or lo¬ 
cation of 
room or rooms 
occupied. 


Name of appli¬ 
cant; 


Nativity of ap- 
pheaut; 


His color; 


Term of resi¬ 
dence; 


Whether natur¬ 
alized or not; 




16 


If mtnrallzcd, 
date of papers; 


Court by which 
naturalized; 


Wh3ther quali- 
fled or not. 


Q'lalification to 
be determined 
by concurrence 
ohhree inspec¬ 
tors. 


Minors coming 
of age before 
flection day to 
be considered 
qualified. 


Date of applica¬ 
tion for registra¬ 
tion to be 
entered. 


When any re¬ 
vision 01 a gen¬ 
eral registraiicm 

is to be had, in¬ 
spectors shall 
meet at the time 
required bylaw, 
anu openly and 
publicly act as 
follows; 


lieceive the ap¬ 
plications of 
such persons 
whose names 
are not borne 
on the registers 
as shall pei’son- 
ally apply, and 


ization. if naturalized, as the same shall appear by the 
evidence of citizenship submitted or presented by the 
applicant in compliance with the requirements of this 
act. Ninth—Under the column of “ Court,the desig¬ 
nation of the court in which, if naturalized, such 
naturalization was done, as the same shall appear by 
the evidence of citizenship submitted or presented by 
the applicant in compliance with the requirements of 
this act. Tenth—hinder the column of “Qualified 
Voter,’’ the word ‘yes” or “no,” as the fact shall ap¬ 
pear and be determined by at least three of the board 
of inspectors of election, it being, however, required of 
them to designate as a qualified voter any male person 
who. being otherwise qualified, shall not, at the time of 
making the application, be of age, provided the time 
when such applicant shall be of the age of twenty-one 
shall be subsequent to the date of his making ap¬ 
plication, and not later than the day of the election 
immediate!}^ following such time of applying. Eleventh 
—Under the column of “Date of Application,” the 
month, day and year when the applicant presented 
himself and was adjudged a qualified voter in the 
election district. 

Section 22. On the days and at the times in this 
act designated for any revision of an}^ general regis¬ 
tration, the duly qualified inspectors of election shall 
meet in their respective election districts, at the places 
which, in accordance with the requirements of this act, 
shall have been provided for such meetings, and shall 
openly and publicly do and perform the following acts, 
viz: Each and every of the duties and requirements 
set forth in sub-divisions 1. and III. of section twenh^- 
one of this act. They shall, in each election district, 
receive the applications for registration of such male 
residents of the election district, whose names are not 
then borne upon the registers thereof, as qualified 
voters therein, as shall personally present themselves, 


17 


and who, on the day of election next ensuing, would 
be entitled to vote therein ; and as to all applications 
made to them shall proceed therewith in the manner 
provided in sub-division lY. of section twenty-one of 
this act: Provided, that if upon examination, as in 
this act provided for, of any applicant for registra¬ 
tion, it shall appear that he has, since the last day of 
any general registration of voters or revision thereof, 
in the said city and county of New York, moved into 
or become a resident of said election district, the said 
inspectors shall inquire from where such applicant re¬ 
moved or came from ; and if it shall appear that such 
removal was from a place within the said city and 
county, they shall inquire if, in the election district in 
which he resided at the time of the last preceding 
general registration (naming such time), or in which he 
has resided at any time subsequent thereto, he has been 
registered, or has applied for registration ; and if he 
shall swear that he has not, then the said Inspectors 
shall proceed with said application as with that of any 
other person who may apply to them ; but if he shall 
swear that he has been so registered, the said inspectors 
shall, before further proceeding, require him to present 
to them a “certificate of removal,’^ as provided for in 
this act, so that his name shall not be upon the regis¬ 
ters of two election districts ; and upon the presenta¬ 
tion to any board of Inspectors of any “ certificate of 
removal,’’ the said board shall treat the person present¬ 
ing the same in the manner provided in sub-division lY. 
of section twenty-one of this act for applicants for 
registration. 

Section 23. Any person who shall, at any time, as 
provided in this act, have personally applied to the 
inspectors of election in any election district of the 
city and county of New York for registration, and 
shall have in the registers thereof been entered as a 
qualified voter, and who shall at any time prior to the 

3 


who on next 
electi n day 
would be voters 
in the district. 


Proceedings 
if applicant has 
moved into the 
district since 
last registration 
day. 


Conditions to 
be complied 
with 


Certificate of re¬ 
moval provided 
for. 


Proceedings 
where persons 
remove from 
one dwelling to 
another. 



18 


Personal appli¬ 
cation to the 
Board of Inspec- 
vors necessary. 


Oath of re¬ 
moval to be 
taken. 


Form of 


To be filed in 
the Bureau of 
Elections within 
24 hours after 
close of regis¬ 
tration. 


If identity of 
apphcant not 
satisfactory to 
inspectors, they 
may cause his 
statements to 
be examined 
and verified. 


close of any general registration or revision of regis¬ 
tration, have removed from the dwelling place under 
whicli he shall, as a resident, be borne upon the regis¬ 
ters, may, upon any day provided in this act for meet¬ 
ings of the inspectors of election, other than the day 
of any election, personally appear before the said in¬ 
spectors in the election district in which he resided at 
the time his name was entered upon the said registers, 
during the hours in this act provided for their sessions, 
and publicly take and subscribe, before one of said 
inspectors, the following oath or affirmation, which shall 
be known as an “ Oath of Removal:” 

“I, residing at Nc 

in the Election District of 

the Assembly District of the City and Comity of New 

York, do solemnly swear (or affirm) that I am duly entered in the 
registers of said Election District, from said residence, as a 
qualified voter, and that I have removed my place of residence to 
No. in the 

Election District of the Assembly District of 

said City and County, and I do hereby request that the proper entries 
and records be made as the same are provided for by law, and that a 
“certificate of removal ’ be furnished me at this time.” 

That upon such oath or affirmation being made and 
subscribed as herein provided, it shall be the duty of 
the said inspectors to carefully preserve the same, and, 
file within twenty-four hours after the close of any gen¬ 
eral registration or revision of registration in the bu¬ 
reau of elections. And upon any such person, so 
taking and subscribing said “oath of removal,” the 
said inspectors of election, if satisfied of the identity 
of the person making the same, with the person he 
claims to be, as the description of said last mentioned 
person shall appear on the registers, and if not satis¬ 
fied therewith, shall at once, by a police officer present, 
or by any one whom said board shall especially 
authorize, make an examination and inquiry at the 
place of residence of said person, as the same shall be 
entered upon the registers, as to the fact of the re¬ 
moval of such person from said dwelling place, when, 


19 


if his removal therefrom shall be found by the report 
of such person to be a fact, they shall immediately pro¬ 
ceed to strike from said registers, the name of such 
person, by entering in each of the registers, oppo¬ 
site to and against the name of any such person, and 
in the column headed, “Why Disqualified,’’ the word 
“removed,” in the column headed “Date of Erasing 
Name,” the months day, and year of such striking 
from said registers such name, and in the column 
headed “Remarks” the words “transferred to,” to¬ 
gether with the number of the election and assembly 
districts, to which such person shall in his “oath of 
removal” state he has removed, and the initial letters 
of the name of the inspector who shall in each of said 
registers make such entries. And shall through the 
name of any such person, as the same shall appear 
on said registers, and there only, draw a line as in¬ 
dicative that such name is erased from the registers of 
that election district, and the name of any such 
person so found stricken and erased from said 
registers, shall, as to his name and his residence at 
the place in said registers entered under the column 
of “Residence,” be thereafter considered by the “bureau 
of elections,” all inspectors of election, and all other 
election officers, to be stricken from the. registers of 
that election district, and shall be treated as if never 
entered thereon. If the dwelling-place to which any 
such person shall have removed, be within the bound¬ 
aries of the same election district, as was his former 
residence, as stated in the registers of said election 
district, the said inspectors shall in said registers, 
under the number or other description of the 
dwelling place to which such person has removed, 
enter his name, and in the several columns opposite 
and against the same, such words and figures, as, prior 
to the striking from or erasing of the name of such 
person in the manner in this section above provided, 
were in the columns similarly headed and opposite to 


If found correct, 
name to he 
stricken fr;m 
register of dis¬ 
trict from which 
applicant has 
removeti. 


Entries to be 
made where 
name is erased. 


How re-entry of 
a name in re¬ 
gister of same 
district shall be 
made. 





2t) 


Where removal 
is from one dis¬ 
trict lo another, 
inspectors of 
former district 
shall issue cer- 
cate of removal 
addre.-sed to 
inspectors of 
district to which 
person has 
removed. 


Form of 


and against the name of such person as upon said regis¬ 
ters it appeared under tlie dwelling place from which 
he shall have declared he has removed ; and if the 
dwelling place to which any such person shall have 
removed, shall be within the boundaries of any other 
election district, than was the residence, under which 
he was previously entered on said registers, the said 
inspectors of election shall fill up, sign, and deliver 
to such person a certificate, which shall be known 
as a “ Certificate of Removal,and shall be in the 
words and figures following, to wit: 

“CERTIFICATE OF REMOVAL.” 

Polling Place of the Election District Assembly District 

City of New York, 18 

To the Board of Inspectors of Election, 

Election District Assembly District. 

This is to certify that the name of 
heretofore residing at 

in this Election District, has been by us, the Inspectors of Election in this 
district, stricken from the registers of this district and the proper erasure 
made, upon the “Oath of Removal” and at the request of said above- 
mentioned person; and that upon the registers of this election district, -were 
entered as to him the following statements : 

Name Residence 

Sworn Nativity 

Color Term of Residence Assembly District County State 

Naturalized , Date of Papers 

Court Qualified Voter Date of Application 


Section 24. The inspectors of election in each elec¬ 
tion district shall, on each day of any general registra¬ 
tion, before adjourning, enter in each of two books pre¬ 
pared for that purpose, one of which shall be known as 












21 


a ** public copy^^ of the registers, and the other 
of which shall be known as the “election bureau 
copy” of the registers, all such names and residences, 
and all such data, information and statements as during 
the day have been entered by the inspectors of election 
in the registers provided in this act. And the whole six 
books shall, on each of said days, after the completion 
of such copies of the registers, be carefully compared 
throughout, so that each of the registers and the copies 
thereof shall in every respect agree with each other, 
and contain the name and residence of each person 
who shall have applied for registration, and the facts 
respecting him, as the same shall have been stated by 
him and entered in the registers, as provided in Ihis 
act. 

The said Inspectors shall, on the last day of any 
general registration, certify each of said copies in the 
same manner as if it was an original, and within forty- 
eight hours after their adjournment on said last day of any 
such general registration shall file the election bureau 
cop3^ of the registers with the chief of the bureau of 
elections at his office, where the same shall be care¬ 
fully preserved. And the said inspectors shall, on 
the last day of any revision of registration, before 
adjourning, make a copy of the registers as the}" shall 
then be made up for the election next ensuing, which 
copy shall be marked, and known as a “ public copy,” 
and shall be certified as a copy of the original regis¬ 
ters as then existing for the election next ensuing ; and 
they shall also make, fill and certify, in blanks to be 
prepared and furnished for that purpose, the name and 
all such other particulars as shall be entered against or 
opposite to the name of any person, which, having been 
once entered upon their registers, shall have been, on 
the days of any such revision of registration, for any 
reason stricken therefrom, as provided in this act, 
together with the name and all such other particulars 
as shall be entered against or opposite to the name of 


A “public copy’* 
and ‘ election 
bureau copy’’ of 
register be 
made on each 
day of registra- 
tration. 


The registers 
and copies to be 
compared each 
day. 


and on the last 
registration day 
each of said 
books to be 
certified, 
and within 48 
hours the “Elec¬ 
tion Bureau 
copy’’ to be filed 
in that Bureau. 


On last day of 
revision copy 
of registers to 
te made and 
marked ‘pub¬ 
lic copy.’’ and 
certified. 


On days of re¬ 
vision of regis¬ 
tration, blanks 
containing the 
names, &c., of 
all persons 
stric-ken from 
or added to tho 
said regisiers, 
to be made.fllled 
up, certified and 
left at bureau 
of elections 
within 48 hours. 




22 


any person who shall, on any such day of revision, 
have been added by them to the said registers, and 
said blanks so filled up and certified, shall, within forty- 
eight hours after the close of any revision of registra¬ 
tion, be left by one of said inspectors at the bureau 
of elections : and it shall be the duty of the chief of 

Entries to be ' 

madet^-eiec buroau of eloctious to immediately enter, or cause to 
S'yofre^st- bo entered, in the election bureau copy of the registers 
ofbu^Ja^of of each election district, on file in his office, all the proper 

elections, ^ ^ 

and necessary entries requisite to make said copy con¬ 
form to said registers, and be alwaj’^s a copy thereof. 

All registers at Section 25. The inspectors of election in each 
day elcctioii distifict in said city and county of JSTew York 
?ame*enterfd to ou cacli day of aiiy general registration, or revision 
Efes!^^^®® of registration, and before adjourning, shall, on each of 
the registers, and on each copy or copies thereof, as in 
this act it is provided, shall, on each of said days, be 
made or kept, draw in ink immediately below the last 
name entered underneath each dwelling place, and 
below the last written words and figures entered op¬ 
posite to or against such last name in each column, 
save that of “ residence,’’ a heavy line as indicative 
of the fact that the entering of names on the said 
registers for the day mentioned in the column headed 
'‘date of application,” and opposite to or against the 
name of the last person entered under any dwelling 
place there ceased. 

m^e and sign SECTION 26. Tlic iuspectoTS of clectiou in each 
iKsleS” election district in the city and count}^ of New York, 
shall, in a place to be provided therefor on each of the 
registers, required in this act, fill up, date, and each sign 
with his name and place of residence the appropriate 
and proper certificate, which shall be either printed 
or written, and for a general registration shall be in 
the words and figures following, to wit; 


23 


✓ 


We, the undersigned Inspectors of Election, in the Election 

District of the Assembly District of the' City and 

County of New York, do jointly and severally certify that at the general regis¬ 
tration of voters held in the said Election District, on the 
days of and the 

days of in the year , there were registered by 

us as qualified voters in the said Election District, the names which in this book 
are entered as of said days, and that the number of such registered qualified 
voters was and is 

Dated, New York, . 18 


And for a revision of any general registration, said 
certificate shall be in the words and figures following, 
to wit : 

‘‘We, the undersigned Inspectors of Elections in the Election 

District, of the Assembly District, of the City and 

County of New York, do jointly and severally certify that at the revision of 
the last general registration of voters held in said Election District, on the 
days of in the year of 

there were by us added to the registered qualified Voters of said 
Election District, the names which in the registers are so entered as of 
the said days, and that such number was and is 

and that there were stricken from the registered 
qualified voters of said Election District, the names which in the register ap¬ 
peal* on said days to have been stricken off and erased in the manner pre¬ 
scribed by law, and that such number was and is 

leaving the total number of registered qualified voters in 
said Election District for the next ensuing election 

which is the number of names now borne in this book as such qualified voters 
for such election. ‘ 

Dated, New York, 18 


Section 27. The inspectors of election, in each 
election district in the city and county of Kew York, 
shall, after making and signing either of the aforesaid 
certificates, retain and carefully preserve all the said 


Form of certifi¬ 
cate for general 
registration. 


Form of 
certificate for 
revision of 
registration. 


Each Inspector 
to retain a copj 
of register for 
use on election 
day. 


















24 


When and how 
public copy of 
register to be 
suspenaed. 


Inspectors to 
take and retain 
“public copy” 
of registers on 
day of election. 


After election 
to be filed with 
Bureau of Elec¬ 
tions and there 
retained. 


Begisters to be 
used on election 
day. 


Each inspector 
to make use of 
one. 


No vote to be 
receive! unless 
applicant’s name 
be found on 3 
registers by at 
least 3 inspec¬ 
tors. 


At the polls the 
name of each 
voter to be an- 
uouuced. 


registers provided for in this act—each inspector 
retaining the book which he made, or of whicli he had 
the custod}^ and care on tlie days of any registra¬ 
tion or revision of registration—for their use on the 
day of the next ensuing election. The “public copy^^ of 
the registers they shall, at the close of their pro¬ 
ceedings on each day of any general registration and 
upon the termination of their proceedings on the last 
day of any revision of registration, leave suspended in 
the place where such registration or revision of regis¬ 
tration was conducted, where it shall be and remain 
until the next meeting of the said inspectors, whether 
such meeting be for the purpose of registration, re¬ 
vision of registration or election, to the end that the 
same may be inspected and copied by any elector 
in said city and county. But on the day of any 
election the said inspectors shall take possession of said 
public copy, and the chairman shall closely retain 
the same throughout the said day, returning it to the 
chief of the bureau of elections, as provided in this 
act, for the return of the register kept by him, and 
with said register; and said copy shall be by the said 
chief of the bureau of elections retained, and preserved 
and filed in said bureau. 

Section 28. The inspectors of election in each 
election district of the city and county of New York, 
shall, on the day of any election therein, have with 
them at the polling place in said district the registers 
provided for in this act. They shall each make use of 
one of said registers for guidance on said day, and no 
vote shall be received from any person whose name 
shall not be found by at least three of them to be upon 
at least three of the said registers as a qualified voier. 
The chairman of said inspectors in each election 
district shall, if present, and if absent, then one of 
the other inspectors, shall, upon any person offerino- 
to vote, announce in a loud, clear and distinct man"^ 


25 


ner the name of such person, and no ballots shall 
be received by eitlier of the ins|)ectors or deposited i^ovotetobo 
in any of the ballot-boxes until at least three of the 
said inspectors shall as herein above provided have foiiiirt* the urjae 

^ ^ of voter on 

examined and found the name and residence of snch register,&c. 
person and have declared the same, and that snch 
person is entered as a qualified voter: when, if the i^voteisre- 

A ' ceivecl, at least 

vote of said person is received, at least three of S^onlhei.- 
the inspectors shall write in the aiipropriate col- th^wmd ^ 
umn bearing the heading “Voted,” and opposite to the 


Ol^pos 

name and residence of such person, the word “Yes.” Tt delfceof^elch’ 
shall be the dutv of each of the inspectors to note on votes, and 

‘ inspectors to 

re¬ 
ceived in con¬ 
travention of 


the register in his possession in a suitable and separate, note votes 
part thereof, the name and residence of each and twrsSm 
every person, if any, whose vote shall be received 
in contravention of the provisions of this section, and 
the name of the inspector or inspectors, if any, who Aisn names of 
shall so receive or deposit in the ballot-boxes or either 
of them anv such vote : and it shall further be the dutv 
of each of the inspectors, immediately on the close 


tlie inspectors 
violating this 
section. 


on 

« TvC^intci’s t.o 1l)g 

of the polls on the day of election, to compare the compared on 

^ A close of polls, 

said registers kept by them as herein provided, and and certified. 

attach to them a certificate in writing that the same 

are correctl v checked, and within twenty-four hours after within 21 hours 

after canvass 
registers to be 
loit at bureau of 
elections to be 


served. 


Iire- 


A 1 • 1 i. • No inspector to 

And in no election part wita pos¬ 
session of his 


same. 


the comiiletion of the canvass of the votes cast in the 
election district in which they served, to leave said filed and 
registers at the office of the chief of the bureau of 
elections, whose duty it shall be to file and preserve the 
same, as provided in this act. 
district in the said cit}' and county shall any inspector 
who has custody or charge of either of the registers in 
this act provided for, ever permit said register to leave 
his possession from the time of receiving custody of the 
same, until he shall file the same as provided in this act, 
save in the event of his resignation or removal, and 
the appointment, as provided in this act, of his suc¬ 
cessor, when he shall promptly surrender and turn 
over the same to him. 


If he resigns, 
must deliver it 
to his successor. 




26 


Chief of the 
election bureau 
to make full 
copies of re¬ 
cords of deaths 
of males. 


Same to be kept 
in his office. 


Names of such 
deceased voters 
to be arranged 
alphabetically 
by assembly 
districts and 
other details. 


Copy of su cli 
alpliabetu al 
record U' be 
furnisbc" to 
each ins}.'ector. 


Such record to 
be called tb.e 
“record o' 
deaths.” 


Section 29. The chief of the bureau of elections 
shall from time to time and at all times have full 
power and authority to make or cause to be made 
such full, complete and accurate copies as he shall 
deem necessary, of the records of the names, residences, 
age, date and cause of death of each male person who 
shall die in the city and county of New York, as the 
facts in respect to such death shall be furnished to, or 
the said records shall be kept by the register of 
records in the department of police or board of health 
in the city of New York, and shall keep, preserve 
and file in his office all such copies of said record. 

Section 30. It shall be the duty of the chief of the 
bureau of elections from time to time, as he shall 
obtain the names and facts as to death provided in the 
preceding section, to so arrange the names of all male 
persons 21 years of age and upwards, who, by his 
records, appear to have died subsequently to the 
passage of this act, as that alphabetical lists by 
assembly districts, with residences, ages, and a full 
statement of all particulars may, at any time, be made 
therefrom ; and from the names and facts so arranged, 
to have prepared and made, or printed, and to cause 
to be delivered to each inspector of elections in each 
election district in the city and county of New York 
on or before the organization of the board of in¬ 
spectors in each district on the first day of any revision 
of registration, an alphabetical record of the male 
persons 21 years of age and upwards, who, in the 
assembly district in which the election district in 
which the inspector is to serve, since the third day 
prior to the day of the last preceding election, and 
within, at least, five days prior to any such first day 
of revision of registration, have died. Said record 
shall be known and designated as a “record of deaths,” 
and it shall be the duty of each of the inspectors 
of election, in each election district, upon the receipt 


27 


of such record to securely attach the same to the 
inside of the register in his custody, to the end 
that it may be preserved, and on the first day 
of any meeting of the inspectors of election in 
any election district, held for the purpose of a 
revision of registration, it shall be the duty of 
each inspector, as soon as the organization of the 
board of inspectors is completed, to examine the 
register in his custody, and as to the name of every 
person upon said register, who, by said “ record of 
deaths,^’ shall, by a coincidence in respect to said 
name and facts, appear to have deceased, and opposite 
to and against every such name, to enter, in the 
column headed “why disqualified,’’ the word “dead,’ 
in the column headed “date of erasing name,” the 
month, day and year of such erasing, and in the 
column headed “remarks,” the word, “stricken from 
registers,” adding against each such entry made in the 
column of “remarks” the initial letters of the name of 
the inspector making such entry, and through the name 
of every person so stricken from the registers, and 
there only, shall draw a line as indicative that such 
name is erased from the registers of that election 
district. 

Section 31. It shall further be the duty of the chief 
of the bureau of elections to prepare by assembly 
districts, in the manner set forth in the preceding 
section, an additional record of such deaths as shall 
have occurred subsequent to the date of the “record 
of deaths” provided for in the preceding section, and 
within at least three days prior to the day of any such 
local election held in the city of New York. Said rec¬ 
ord shall be known and designated as an “additional 
record of deaths,” and a copy thereof shall, on or be¬ 
fore the opening of the polls in each election district 
on the day of any such local election, be furnished to 
each inspector, who shall securely attach the same to 


Inspectors on 
receiving the 
“record of 
deaths,” to at¬ 
tach same to 
register. 


Register to be 
corrected by 
“record of 
deaths.” 


Proper entries 
under several 
heads to be 
made. 


Line to be 
drawn through 
the name of 
each person 
erased.. 


Chief of bureai 
to prepare “ad¬ 
ditional record 
of deaths.” 


All deaths sub¬ 
sequent to pre¬ 
vious record and 
prior to 3 days 
before election 
to be inserted. 


Each inspector 
to be furnished 



28 


a copy to be at¬ 
tached to the 
register. 


On opening of 
the polls the 
register to be 
corrected by the 
‘•additional re¬ 
cord ol deaihs.” 


•‘Record of 
deaths,” and 
‘‘additional re¬ 
cord of deaths,” 
to be filed with 
coief of bureau 
with register. 


From passage of 
this act clerks 
of Oyer and Ter¬ 
miner and gen¬ 
eral and special 
sessions to make 
monthly reports 
to chief of bu¬ 
reau 


of persons con¬ 
victed ot crimes 
punishable with 
death or impri¬ 
sonment in 
state prison, 
stating names 
and aliases, of¬ 
fence and 
sentence. 


Neglect of clerk 
of court a mis¬ 
demeanor. 


the inside of his register, to the end that it may be 
preserved, and he have the same during the day of 
election with him at the polling place, and on the open¬ 
ing of the poll shall proceed to make the same exami¬ 
nation, entries, letters, and lines as to the name of any 
registered person found upon said “additional record 
of deaths,’^ as is provided for in the preceding section 
in the case of a name of a registered person found on 
the “record of deaths.’’ 

Section 32. The ‘‘ record of deaths,” and the “ addi¬ 
tional record of deaths,” provided for in this act and 
furnished to each inspector, shall be left by him with 
the chief of the bureau of elections at the time and in 
the manner provided for the return of the register used 
by him on the day of any local election, and with such 
register. 

Section 33. From and after the passage of this act, 
it shall be the duty of each of the clerks of the courts 
of oyer and terminer and general and special sessions, 
to prepare, and on or before the fifth day of each and 
every month, to file Avith the chief of the bureau of 
elections, a certified record containing the name, resi¬ 
dence, and age of each and every person convicted in 
each of said courts respectively of an offence punish¬ 
able by death or imprisonment in a state prison, during 
the month immediately preceding, stating the alias or 
aliases of every such person if known ; the offence with 
which charged; the action of the court; and if sen¬ 
tenced, the sentence imposed, and whether confined in a 
state prison or penitentiary. Any clerk of either of 
said courts who shall fail, neglect, or refuse to comply 
with the provisions or requirements of this section shall, 
for each and every such offence, be deemed guilty of a 
misdemeanor. 

Section 34. Any person who is a qualified voter in 
the city and county of New York, may, upon any 


29 


day of registration, or revision of registration, or of 
election, challenge and contest the right of any person 
to be registered in any election district, or to vote at 
any poll in the said city or county, or may require 
the name of any registered person to be marked for 
challenge, and on any such day or days shall be 
entitled to be heard by the inspectors of election in 
any election district in relation to corrections of oi* 
additions to their registers. 


Any voter may, 
on days of regis¬ 
tration and 
election, 
ctiallen<re and 
contest the right 
of any laerson to 
register or vote- 


May require any 
name to be 
marked for chal¬ 
lenge, and may 
be heard by in¬ 
spectors as to 
corrections of 
registers. 


Section 35. Hereafter “the board of police 

f to desmnate, 

of the city of New York shall designate and ap- wlnn^naVght 
point the place of registry and polling place in each places.'''®’ 
of the election districts of the city and county of 
New York, and shall hire all such places, and cause 
the same to be fitted up, warmed, lighted and cleansed, 
and the work of registration shall be carried on at the 
places so designated for such purposes. But, in each 
election district, such place shall be in the most public S'be'inSS® 

^ * public, orderly, 

orderly and convenient portions of the district, and no paiTSSct, 
building or part of building shall be designated or used building where 

, „ .. ^ -ix- 11 liquor is or has 

as a place of registry, revision of registration or poll- 
ing place in which, or in any part of which, spirituous wenhgMed 
or intoxicating liquor is sold, or has been sold within 
sixty days next preceding the time of using the same ; 
and no place shall be designated or used for any such 
purpose without the same shall be well lighted with gas 
—unless there shall no place in the district be obtain¬ 
able which is so lighted—and the unoccupied space 
allowed in front of the ballot boxes, in any polling 
place, shall be equivalent to a room at least twelve 
feet square. 

Section 36. At every election held in the city Each political 
and county of New York, each political party shall 
have the right to designate, place, and keep a challenger tj^uouaiKieiec- 
at each place of registration, revision of registration and 
voting, who shall be assigned such position immediately 



To be assigned 
a position ad¬ 
joining the in¬ 
spectors, and 
protected by 
inspectors and 
the police. 


Challengers may 
be removed and 
vacancies filled 
by each party. 


No person shall 
register in one 
district while 
the registration 
in another dis¬ 
trict remains 
unerased. 


Concurrence of 
majority of in¬ 
spectors re¬ 
quired in all 
cases save where 
action is specifi¬ 
cally allowed 
each. 


Inspectors and 
poll clerks held 
to be election 
district officers. 


Attendance to 
duty to be con¬ 
stant. 


All data, statis¬ 
tics. registers, 
books, papers, 
&c., to be at all 


adjoining the inspectors of election, as will enable 
him to see each person as he offers to register or 
vote, and who shall be protected in the discharge 
of his duty by the inspectors of election and the 
police. Each political party may remove any challen¬ 
ger appointed by it, and all vacancies which, from any 
cause shall arise, shall be filled by the same party 
power, and authority as conferred the original appoint¬ 
ment. 

Section 37. No person who is registered in one 
election district shall register, or cause himself to be 
registered, in another district, while any prior registra¬ 
tion remains unerased, or in any other manner than is 
in this act provided. 

Section 38. For all powers, authority and duties in 
this act prescribed for or conferred upon, and all action 
required of inspectors of election or a board of said 
inspectors, save where such authority or action is 
specifically allowed to each of said inspectors, the con¬ 
currence or assent of a majority of all the inspectors 
of election in any election district must in all cases be 
obtained. 

Section 39. The several offices of inspectors of 
election and poll clerks, in this act named and 
created, are and shall be in all courts and proceedings 
deemed and held respectively to be election district 
offices, and it shall be the duty of the said inspectors 
of elections and poll clerks respectively, or a majority 
of the said inspectors, to be in constant attendance 
during the hours and times fixed for the discharge of 
their several duties. 

Section 40. All data and statistics, and all registers, 
poll books and records of every kind and nature which, 
under this act or under any law of this state, or which 


31 


in compliance with any direction, resolution, or order of 
“ the board of police’^ of the city of New York are or 
may be required to be made, ascertained or kept by, or 
returned to or filed with either the chief of the bureau 
of elections or the “register of records,” in the board of 
health, shall at times, during office hours, be open to 
the inspection, examination, comparison and copying 
of any citizen or elector, free of any charge whatsoever. 

Section 41. Any inspector of election, poll clerk, 
or other officer of election, or any challenger appointed 
in compliance with the provisions of this act, or any 
person designated as provided in this act to be pre¬ 
sent at the canvass of any ballots, shall at any time 
between the Tuesday five weeks preceding the day 
of any general or local election held in the city 
and county of New York, and ten days after the 
first official promulgation by the board of county 
canvassers of the canvass, declaration and certifi¬ 
cate of the result of any such election, have full 
power and authority to make a thorough and 
effective canvass of the election district in and for 
which he has been or was designated to serve and act, 
upon any day of registration, revision of registration 
or election, and to make full inquiry respecting any 
and every male resident of any dwelling, building or 
other place of abode in any such election district, his 
age, term of residence, and qualifications as a voter; 
but the power and authority by this section conferred 
upon any inspector of election, poll clerk, or other 
officer of election, or any challenger or person desig¬ 
nated to watch the canvass of ballots, shall wholly 
cease upon his resignation or removal from the office or 
position to which he was appointed, or for which Iio 
was designated. 

Section 42. If at any time after the first general 
registration of voters had and made under the provi- 


tlmes, during 
ofiTice hours, 
open to inspec¬ 
tion and copy¬ 
ing. 


Each officer of 
election, chal¬ 
lenger and 
watcher shall, 
during a certain 
period, have full 
power and 
authority to 
canvass his dis¬ 
trict, and to 
make full in¬ 
quiry, &c., into 
qualifications of 
male residents 
to vote. 


Such power to 
cease with his 
term of office. 


Special election 
in a ^rtion of 
the city, same 
revision of rcg- 



32 


istration as if it 
were a local 
election 
tbrougliout the 
city. 


Street numbers 
not tob“ ; Itered 
sav'" between 
I St May and 1st 
Ocucbtr. 


At close of polls 
ail i before can¬ 
vas.-, of oallots 
registered per¬ 
sons not voting 
to be marked 
‘•no”on register 
and number of 
persons Voting 
to be ascertained 
and proclaimed 
rtt each poll in a 
loud voice. 


sions of this act, a special election sliall be held in 
any portion of the city and county of New York, the 
same revision of registration shall be had and made 
for any such portion of said city and county, and 
at the same intervals of time and times preceding 
the day of any such special election, and in the same 
manner as if the said election was a local election in, 
for and throughout the said city and county and each 
and every of the provisions of this act not incon¬ 
sistent with the terms of this section, shall apply with 
as full force and effect to any such special election or 
revision of registration therefor, as if the same was 
for a local election in, for and throughout the said 
city and county. 

Section' 43. Hereafter it shall not be lawful for any 
of the autlioiities, officers or agents of the city or 
county goveimment, in the city and county of New 
York, to number or renumber any street, avenue, alley, 
lane, road or way in the city or county of New Yoi*k, 
or to in anywise change or alter any such number, 
save between the first day of May and the first day of 
October of any year. 

Section 44. In each election district in the city and 
county of New York, it shall be the duty of the in¬ 
spectors of election to immediately alter the close of 
the polls on the day of any election, before proceeding 
with the canvass of the ballots in any box, and while the 
poll clerks are canvassing [comparing] their books, to 
write in ink opposite to and against the name of each 
person entered in their registers, who is not shown by 
saiH registei s to have voted, and in the column headed 
Voted” the word “ No/’ so that the said column may 
be wholly filled up—and the said inspectors shall 
then compare the said registers, make them agree, and 
ascertain the number of persons who by them are 
shown to have voted at that poll that day, and when 


33 


they have made comparison and ascertained such fact, 
the chairman of the board of inspectors, or in his ab¬ 
sence, the inspector acting as such, shall announce the 
same in a loud voice. 

Section 45. The poll clerk at each poll in the city 
and county of New York, shall keep in ink a poll list 
in books to be prepared and furnished for that pur¬ 
pose, and shall contain a column headed “Residence,” 
a column headed “Name of Voter,” and as many ad- 
ditional columns as there are boxes kept at the election. 

The headings of the additional columns shall corres¬ 
pond respectively with the names and numbers of the 
boxes so kept. 

Section 46. The poll books referred to in the pre- Form of. 
ceding section shall be in form as follows: 

POLL-LIST OF VOTERS. 


-ELECTION DISTRICT, -ASSEMBLY DISTRICT. 


No. 

Residence. 

Name of Voter. 


Remarks. 




Here put in additional 
columns. 



The residiice of each elector voting shall be entered 
by each poll clerk in the column of his poll list headed 
“ Residence,” and the name of each such elector in the 
column headed “Name of Voter,” and opposite the 
3 














34 


residence and name of any sucb elector in eacli addi¬ 
tional column provided for in the preceding section, 
and corresponding in its heading with the name and 
number of a box in which a ballot of the elector shall 
have been deposited, shall be written a check or mark 
similar to the letter V, and in each such additional 
column corresponding in its heading with the name and 
number of box in which no ballot of the elector shall 
have been deposited, shall be written the word “ No.’’ 
In the column of “Remarks,” opposite the name of 
each person challenged, shall be noted the oath or 
oaths offered and taken by any such person. 


At close of poll 
inspectors to 
proceed to can¬ 
vass votes. 


Canvass to be 
public andwitb- 
out adjourn¬ 
ment until all 
statements are 
made and 
signed. 


No vote to be 
received, or 
counted, or can¬ 
vassed, and no 
statement made 
•while the en¬ 
trance lopolliog 
place is closed 
or obstructed. 


Disorderly per¬ 
sons may be ex¬ 
cluded. 


At least six per¬ 
sons, if so many 
desire, must 
always be 
present. 


Each candidate 
may designate 
a person to bO; 


Sectton 47. As soon as the poll of an election 
shall have been finally closed, the inspectors of 
election, in their several election districts, shall 
immediately, and at the place of the poll, proceed 
to canvass the votes. Such canvass shall be public, 
and shall not be adjourned or postponed until it 
shall have been fully completed, and the several 
statements hereinafter required to be made by the 
inspectors shall have been made out and signed by 
them. No vote shall be received, nor shall any ballot 
be counted or canvassed, nor shall any statement of 
votes, announcement, or proclamation, in this act 
required, be made at any time when the main 
entrance to the room in which the election is 
held, shall be closed in such a manner as to prevent 
ingress and egress, but the said inspectors may station 
one or more officers at such entrance to exclude 
disorderly persons ; nor shall any such duties be 
performed unless at least six persons, if so many 
claim that privilege, are allowed to be present 
and so near that they can see whether the duties of 
the said inspectors are faithfully performed. 

Each candidate, for any office to be filled at the elec¬ 
tion, may, by a certificate in writing signed by him, 
designate one person for each election district in 


35 

which he is a candidate, to be present at the canvass 
j of the ballots containing the names of the persons 

I designated for that office. The inspectors of election 

and the police or other officers attending at such elec¬ 
tion district specified in said certificate, shall make a 
passage for such person to the said inspectors, and the 
said inspectors shall permit him to be present at the 
canvass of a,11 the ballots in the box containing the 
ballots for the office specified in the said certificate, 
and so near to them that he can see that such canvass 
and the statement required of the votes found in each 
box are correctly made. And no inspector of election, 
or board of inspectors, or police or other officer, shall 
allow such person to be molested or removed during 
the canvass of such ballots, or until such statement 
has been made, completed, and signed, unless he shall 
be personally guilty of fraudulent or disorderly con¬ 
duct. 

Section 48. The canvass shall commence by a com¬ 
parison of the poll lists, from the commencement, and 
I a correction of any mistakes that may be found there- 
I in, and such comparison shall be continued until the 
j poll lists agree as to the number of ballots deposited 
i in each box ; when they have been made to agree, one 
of the inspectors shall publicly announce, in a loud 
voice, the number of ballots deposited in each box as 
shown by the poll lists. 

Section 49. The boxes shall then be opened, and the 
ballots therein canvassed, in the order prescribed in 
this section, and the canvass of the ballots found in 
one box shall be completed before another box is 
opened. The boxes shall be canvassed in the follow¬ 
ing order; 

1. President. 

2. General. 

3. Congress. 


present at the 
canvass of bal¬ 
lots on which 
his name shall 
appear. 


Rights of per¬ 
sons so desig¬ 
nated to be 
present and wit¬ 
ness canvass. 


Not to be mo- 
1 ested or re¬ 
moved, unless, 
&c. 


How canvass 
shall commence. 


When poll lists 
are made to 
agree the result 
must be pubhcly 
announced in a 
loud voice. 


Boxes to be then 
opened and can¬ 
vassed. 


Order ot 






36 


First duty on 
openiuy boxes. 


In case two or 
more ballots are 
folued. together. 


Ballots found In 
the wrong box 
how treated. 


Proceedings in 
case of excess 
in number of 
ballots. 


Process of can¬ 
vassing. 


Ballots to be 
opened and 
separated. 


4. Senate. 

6. Assembly. 

6. City. 

7. School. 

8. Justices. 

Section 50. When a box is opened, the ballots con¬ 
tained therein shall be taken out and counted un¬ 
opened, except so far as to ascertain that each ballot 
is single. If two or more ballots shall be found so 
folded together, as to present the appearance of a 
single ballot, they shall be destroyed, if the whole 
number of ballots exceeds the whole number of votes, 
as shown by the poll lists, and not otherwise. 

Section 51. No ballot properly endorsed, found in a 
box different from that designated by its endorsement, 
shall be rejected, but shall be counted in the same 
manner as if found in the box designated b}^ such en¬ 
dorsement, provided that the counting of such ballot 
or ballots shall not produce an excess over the number 
of ballots deposited in the box, as shown by the poll 
lists. 

Section 52. If a greater number of ballots shall be 
found in a box than is required by the correspondent 
columns of the poll lists, all the ballots shall be re¬ 
placed in the box, and one of the said inspectors to be 
designated by the board shall, without seeing the 
same, and with his back to the box, publicly draw out 
and destroy as many ballots unopened as shall be 
equal to such excess. 

Section 53. The board shall then proceed to canvass 
and estimate the votes in the following manner : The 
said inspectors shall open the ballots, and place those 
which contain the same names together, so that the 
several kinds shall be in separate piles or on separate 


37 


files. One of the said inspectors shall then take the 
kind of ballots which appears to be the greatest in 
number and count them by tens, carefully examining 
each name on each of said ballots. Such inspector 
shall then pass ten ballots to the inspector sitting- 
next to him, who shall count them in the same man¬ 
ner, and he shall then pass them to the third inspect¬ 
or, who shall also count them in the same manner. 
The third inspector shall then call the names of the 
persons named in the ballots, and the offices for 
which they are designated, and the poll clerks shall 
tally the votes for each of such persons. The fourth 
inspector shall watch the proceedings of the other 
inspectors, and the poll clerks, and at his option 
may perforin the same duties in respect to the canvass 
as are prescribed for the third inspector, or in case of 
the absence of a poll clerk, may perform his duties. 

When the counting of each kind of ballots shall be 
completed, the poll clerks shall compare their tallies 
together and ascertain the total number of ballots of 
that kind so canvassed, and when they agree upon the 
number, one of them shall announce it, in a loud voice, 
to the inspectors. 

The kind of ballots which appears to be next 
o-reatest in number, and afterwards each of the other 
kind of ballots in succession, shall then be canvassed 
in the same manner. The ballots containing names 
partly from one kind of ballots and partly from 
another, being those usually called “ split tickets,’’ 
and those from which the name of a person proper to 
be voted for on such ballots has been omitted or erased, 
usually called '‘scratched tickets,” shall then be can¬ 
vassed separately by one of the inspectors sitting be¬ 
tween two of the other inspectors, which inspector shall 
call each name to the poll clerks, and the office for 
which it is designated, the other inspectors looking at 
the ballot at the same time, and the poll clerks mak¬ 
ing note of the same. When all the ballots found in 


Order and man¬ 
ner oi counting. 


By tens. 


by three in¬ 
spectors in suc¬ 
cession. 


Duty of third 
inspector. 


Duty of poll 
clerks. 


Duty of fourth 
inspector. 


Poll clerks to 
compare tallies, 
and announce 
the number in 
a loud voice. 


Further order 
of canvassing. 


Split tickets, 
&c. 


Scratched 
tickets, when, 
how, and by 
whom can¬ 
vassed. 






38 


After canvass of 
box, poll clerks 
compare tallies 
and announce 
in a loud voice, 
number cast tor 
each candidate 
on each kind of 
ticket. 


Proceedings In 
case of excess 
of ballots in box. 


A ballot of each 
kind to be past¬ 
ed on each 
statement, and 
certificate to be 
made thereon. 


the box have been canvassed in this manner, the poll 
clerks shall compare their tallies together and ascer¬ 
tain the total number of votes received by each can¬ 
didate, and when they agree upon the numbers, one 
of them shall announce, in a loud voice, to the in¬ 
spectors, the number of votes received by eacli can¬ 
didate, on each of the kinds of ballots containing his 
name, the number received by him on the “split’^ 
and “ scratched ” tickets, and the total number of votes 
received by him. 

If, after the ballots in any box have been opened or 
canvassed, the whole number of them shall be found 
to exceed the whole number of votes required by the 
corresponding columns of the poll lists, the said inspect¬ 
ors shall return all the ballots into the box, and shall 
thoroughly mingle the same, and one of the inspectors 
to be designated by the board, shall, without seeing the 
same and with his back to the box, publicly draw out of 
such box so many of such ballots as shall be equal to 
the excess, which shall be forthwith destroyed ; but if 
the ballots have been canvassed, the votes for the 
persons named therein shall first be deducted from the 
votes entered for such person on the tallies. 

Sectiox 54. The canvass of the ballots found in any 
box shall be completed by ascertaining how many 
ballots of the same kind, corresponding in respect to 
the names of the persons thereon and the offices for 
which they are designated, have been received ; and the 
result being found, the said inspectors shall securely 
paste or attach to each statement of such canvass here¬ 
inafter directed to be made one ballot of each kind found 
to have been given for the officers to be chosen at 
such election ; and they shall state in words at full 
length, immediately opposite such ballot, and written 
partly on such ballot and partly on the paper to 
which it shall be pasted or attached, the whole 
number of all the ballots that were received which 


39 


correspond with the one so pasted or attached, so that 
one of each kind of the ballots received at such elec¬ 
tion for the officers then to be chosen, shall be pasted 
or attached to such statement of such canvass. If onlv if only one Mnd 

•'Of ballot IS 
found how to 


shall be pasted or attached to the statement to be 
delivered to the clerk of the board of supervisors, 
and if only two ballots of any kind are found in the iftwooniy. 
box, one shall be pasted or attached to the statement 
to be delivered to the clerk of the board of super¬ 
visors and the other to the statement to be delivered 
to the county clerk. They shall also paste or attach AUbaiiotsre- 

-.11 1 • 111 f . 1 • jected as defec- 

all the ballots rejected by them as being defective ed to statement 
in whole or in part, to the statement to be delivered 
to the clerk of the board of supervisors. 


Section 55. When the canvass of the ballots found whenbauotsin 

any box are can- 

in any box shall have been completed, and the poll clerks Sonfob"?' 
shall have announced to the inspectors the total num - voice, 
ber of votes received by each candidate, the chair¬ 
man of the board of inspectors of election, or in his 
absence the inspector acting as such, shall proclaim, 
in a loud voice, the total number of votes received 
by each of the persons voted for upon the ballots 
found in that box, and the office for which they are 
designated, and such proclamation shall be prima prociama- 
facie evidence of the result of the canvass of such 
ballots. 

Section 56. The said inspectors shall make triplicate Triplicate state- 

, . ments of the 

statements of the result ot the canvass, and estimate 
of the votes. Bach of the statements shall contain a 
caption, stating the day on which, and the number of 
the election district, and assembly district, and the 
city and county in relation to which such statement 
shall be made, and the time of opening and closing the 
polls of such election district. It shall also contain a 
statement showing the whole number of votes given for 


40 


eacli^persoTi, designating the office for which they wei’e 
given, which statement shall be written, or partly 
written and partly printed, in words at length ; and at 
Certificate of tlic ciid tlicrcof a Certificate that such statement is 

statement to be . 11 i i w ' 

TcrsheethT correct in all respects; which certificate and each 
sheet of paper forming part of the statement shall be 
subscribed by the said inspectors and poll clerks. If any 

Inspectors de- ^ i J. 

to“state*?eSons bispcctor or poll clcrk shall decline to sign any re- 
inwriting. sh^W statc liis rcasoiis therefor in writing, and a 

copy thereof signed by him shall be enclosed with each 
bl^S)s?d*and ^‘ctnrn. Kach of the statements shall be enclosed in an 
sealed with wax. envelope, wliicli sliall tlicii bc securely sealed with wax, 
and each of the inspectors and each of the poll clerks 
shall write his name across every fold at which the en¬ 
velope, if unfastened, could be opened, and across the 
seals thereon. One of the envelopes shall be directed 

One directed to ^ 

?f?i°eiw?so?^^ outside to the clerk of the board of supervisors, 

another to the county clerk, and the third to the chief of 
the bureau of elections. Each set of tallies shall also be 
enclosed, securely sealed and signed in like manner, 
and one of the envelopes shall be directed on the 
outside to the chief of the bureau of elections, and 
the other to the mayor. On the outside of every 
envelope shall be endorsed whether it contains the 
statement or the tallies and for what election and 
assembly district. 

Section 57. Within twenty-four hours after the 
several statements shall have been subscribed, one 
of the said inspectors shall deliver to the clerk of the 
board of supervisors the statement directed to him; 
another inspector shall deliver to the county clerk the 
statement directed to him, and a third inspector shall 
deliver to the chief of the bureau of elections the state¬ 
ment directed to him. One of the poll clerks shall de- 
toTe delivered! Hver to the mayor the tallies directed to him, and the 
other poll clerk shall deliver to the chief of the burenu 
of elections the tallies directed to him. 


one to the coun¬ 
ty clerk, one to 
chief of bureau 
of elections. 


Ta'lies inclosed 
in same manner 
and directed 
one to mayor, 
the other to 
chief of bureau 
of elections. 


By whom and 
at what time 
delivery of 
statements to 
be made. 


T'olli/ia Viv wlmm 


41 


Section 58. The poll lists kept at such election shall 
be certified, in writing, by both poll clerks, to be a true 
and correct list of the votes cast at the said election, 
in their respective election districts, and within twenty- 
four hours of the close of the canvass shall be filed by 
such poll clerks, the one in the office of the county 
clerk, the other in the office of the chief of the bureau 
of elections, and shall be there preserved. 

Section 59. The remaining ballots, not so pasted or 
attached to said statements, as hereinbefore provided, 
shall be destroyed, and the board of inspectors shall be 
dissolved. 

Section 60. In case any officer to whom any of the 
papers in the preceding sections are directed to be 
delivered, shall be absent from his office, the same may 
be delivered to the person authorized in such case to 
attend to his official duties, and the officer or person to 
whom any envelope containing any statement or tally, 
or to whom any register or copy thereof, or poll list 
shall be delivered as in this act provided, shall give a 
receipt therefor to the inspector or poll clerk from 
whom the same is received, and such receipt shall be 
filed by said inspector or poll clerk in the uifice of the 
comptroller, before any payment for his services shall 
be made. 

Section 61. The envelopes delivered to the clerk of 
the board of supervisors shall be kept sealed, and shall 
not be opened until the same are produced before the 
board of county canvassers, when they shall be opened 
for the canvassing of the returns, and when so opened, 
the presiding officer of the said board shall mark each 
separate sheet of the statements with the initials of his 
name. 

Section 62. The envelopes delivered to the county 
clerk shall be kept sealed and unopened until the same 


Poll lists to be 
certified and 
filed. 


One with county 
clerk, the other 
with bureau of 
elections. 


Ballots not 
attached to 
statements to 
be destroyed. 


How papers 
may be deliv¬ 
ered. 


Receipts to be 
given. 


Receipts to be 
filed in office of 
comptroller be¬ 
fore payment. 


Envelope filed 
with Clerk of 
board o: super¬ 
visors to be 
opened only by 
board of county 
canvassers, and 
tiven to be 
marked. 



42 


The like as to 
envelope* de¬ 
livered to coun¬ 
ty clerk. 


Board of county 
canvassers. 


Their duty. 


Ho If to be per¬ 
formed. 


Offences at reg¬ 
istration. 


Falsely person¬ 
ating an elector 
or attempting 
to register 


under the name 
of another, or 
a false name. 


or register in 
two districts. 


or attempt to 
register, not 
having right, 


or aid and pro¬ 
cure, &c., &o., 


shall be required to be opened by the board of county 
canvassers, or other lawful authority ; and when so 
opened, the officer or person opening the same shall 
mark each separate sheet of the statement with the 
initials of his name. 

Section 63. The board of supervisors of the county 
of New York shall be the board of county canvas¬ 
sers, and it shall be their duty to finally canvass, 
declare, and certify the result of every election here¬ 
after held in the city and county of New York. 
Such canvass, declaration, and certification shall be 
made and conducted under the existing provisions of 
law, not inconsistent with this act, so far as the same 
are applicable. 

Se(,'tion 64. If at any general registration of voters, 
or at any meeting of inspectors of election, held for 
such purpose or for a revision thereof, as provided 
in this act, any person shall falsely personate an 
elector or other person, and register, or attempt to 
offer to register, in the name of such elector or other 
person ; or if any person shall knowingly or fraud¬ 
ulently register, or offer or attempt, or make applica¬ 
tion to register, in or under the name of any other 
person, or in or under any false, assumed or fictitious 
name, or in or under any name not his own ; or shall 
knowingly or fraudulently register in two election 
districts ; or, having registered in one district, shall 
fraudulently attempt or offer to register in another ; or 
shall fraudulently register, or attempt or offer to reg¬ 
ister in any election district not having a lawful 
right to register therein ; or shall knowingly or 
willfully do any unlawful act to secure registration 
for himself or any other person ; or shall knowingly, 
willfully or fraudulently, by false personation or other¬ 
wise, or by any unlawful means cause or procure, or 
attempt to cause or procure the name of any qualified 


43 


Voter in any election district to be erased or stricken 
Irom any registry of the voters of such district, made 
in pursuance of this act, or otherwise than as is 
in this act provided ; or by force, threat, menace, 
intimidation, bribery, reward or offer, or promise 
thereof, or other unlawful means, prevent, hinder or 
dela}^ any person having a lawful right to register or 
be registered, from duly exercising such right ; or 
who shall knowingly, willfully or fraudulently compel 
or induce, or attempt or offer to compel, or induce 
by such means, or any unlawful means, any inspector 
of election or other officer of registration, in any 
election district, to register or admit to registration 
any person not lawfully entitled to registration in 
such district, or to register any false, assumed or 
fictitious name, or any name or any person, except as 
provided in this act ; or shall knowingly or willfully^ 
or fraudulently interfere with, hinder or delay, any 
inspector of election or other officer of registration 
in the discharge of his duties, or counsel, advise or 
induce, or attempt to induce any such inspector or 
other officer to refuse or neglect to comply with, or to 
perform his duties, or to violate any law prescribing or 
regulating the same ; or shall aid, counsel, procure 
or advise any voter, person, inspector of election or 
other officer of registration, to do any act by law 
forbidden, or in this act constituted an offence, or to 
omit to do any act by law directed to be done, every 
such person shall upon conviction thereof be adjudged 
guilty of a felony, and shall be punished by imprison¬ 
ment in a state prison not less than one nor more than 
five years. 

Section 65. If, at any election hereafter held in the 
city and county of New York, any person shall falsely 
personate any elector or other person, and vote, or 
attempt, or offer to vote in or upon the name of such 
elector or other person ; or shall vote or attempt to 




or hinder or 
delay persons 
having lawful 
right, &c., &c., 


or interfere 
with election 
officers, kc.f&c.. 


or induce officer 
to neglect his 
duties. 


Each a felony. 


How punished. 


Offences at 
elections. 



44 


vote in or upon the name of any other person whether 
living or dead, or in or upon any false, assumed, or 
fictitious name, or in or upon any name not his own ; 
or shall knowingly, willfully, or fraudulently, vote 
more than once for any candidate for the same office, 
except as authorized by law, or shall vote or attempt 
or offer to vote in any election district without having 
a lawful right to vote therein, or vote more than once, or 
vote in more than one election district, or having once 
voted, shall vote, or attempt, or offer to vote again ; 
or shall knowingly, willfully, or fraudulently do any 
unlawful act to secure a right, or an opportunity, 
to vote for himself or for any other person ; or shall 
by force, threat, menace, intimidation, bribery, or 
reward, or offer, or promise thereof, or otherwise 
unlawfully, either directly or indirectly, influence, or 
attempt to influence any elector in giving his vote, or 
prevent or hinder, or attempt to prevent or hinder, 
any (jualified voter from freely exercising the rights of 
suffrage, or by any such means induce, or attempt to 
induce, any such voter to refuse to exercise any such 
right; or shall by any such means, or otherwise, 
compel or induce, or attempt to compel or induce, any 
inspector of election or other officer of election, in any 
election district, to receive the vote of any person not 
legally qualified or entitled to vote at the said election 
in such district ; or shall knowingly, willfullv or 
fraudulently interfere with, delay or hinder in any 
manner any inspector of election, poll clerk or 
other officer of election, in the discharge of his duties; 
or by any of such means, or other unlawful means, 
knowingly, willfully, or fraudulently, counsel, advise, 
induce, or attempt to induce, any inspector of election, 
poll clerk, or other officer of election, whose duty it 
is to ascertain, proclaim, announce, or declare the result 
of any such election, or to give or make any certficate, 
document, report, return, or other evidence in relation 
thereto, to refuse or neglect to comply with his duty, 


45 


or to violate any law regulating the same, or to receive 
the vote of any person, in any election district, not 
entitled to vote therein, or to refuse to receive the vote 
of any person entitled to vote therein; or shall aid, 
counsel, advise, procure, or assist, any voter, person, 
or inspector of election, or other officer of election, to 
do any act by law forbidden, or in this act constituted 
an offense, or to admit to do any act bylaw directed to 
be done: every such person shall, upon conviction 
thereof, be adjudged guilty of a felony, and shall be 
punished for each and every such offence by imprison¬ 
ment in a state prison for not less than one nor more 
than five years. 

Section 66. If any poll clerk, or any inspector of 
election, performing the duties of poll clerk, shall 
willfully keep a false poll list, or shall knowingly insert 
in his poll list any false statement, or any name or state¬ 
ment, or any check, letter or mark, except as in this 
act provided, he shall, upon conviction thereof, be ad¬ 
judged guilty of a felony, and shall be punished by 
imprisonment in a state prison for not less than one 
nor more than five years. 

Section 67. Every inspector of election who shall 
willfully exclude any vote duly tendered, knowing that 
the person offering the same is lawfully entitled to vote 
at such election, or shall willfully receive a vote 
from any person who has been duly challenged, in re¬ 
lation to his right to vote at such election, without ex¬ 
acting from such person such oath or other proof of 
qualification as may be required by law, or who shall 
willfully omit to challenge any person offering to vote, 
whom he knows or suspects not to be entitled to vote, 
and who has not been challenged by any other person, 
shall, upon conviction thereof, be adjudged guilty of a 
felony, and shall be punished by imprisonment in a 
state prison for not more than two years. 


Declared to be 
fploniee. 

How punished. 


Certain acts by 
poll clerks de¬ 
clared to be 
felonies. 


How punished. 


Certain acts of 
inspectors 
declared felon¬ 
ies. 


Ho 7 punished. 


46 


Certain acts of 
an7 officer of 
alectlou or 
member of 
board of can- 
Tassers de¬ 
clared felonies. 


How punished. 


Section 68. Every inspector of election, iiiembeT 
of any board of canvassers, messenger, poll clerk, or 
other officer authorized to take part in or perforin any 
duly in relation to any canvass or official statement of 
the votes cast at any election, who shall willfully make 
any false canvass of such votes, or shall make, sign, 
publish, or deliver, any false return of such election, 
or any false certificate or statement of the result of 
such election, knowing the same to be false, or who 
shall willfully deface, destroy, or conceal any statement 
or certificate entrusted to his care or custody, shall, on 
conviction thereof, be adjudged guilty of a felony, and 
shall be punished by imprisonment in a state prison 
not less than two nor more than five years. 


stuffing ballot- 
boxea. 


Changing bal¬ 
lots. 


removing from 
or adding bal¬ 
lots to baUot- 
box declared 
felonies. 


Section 69. If any person other than an inspector of 
election, shall at any such election, knowingly and will¬ 
fully put, or cause to be put, any ballot or ballots, or 
other paper having the semblance thereof, into any box 
used at such election for the reception of votes ; or if any 
such inspector shall knowingly and willfully, cause or 
permit any ballots to be in said box at the. opening of 
the polls and before voting shall have commenced ; or 
shall knowingly and willfully, or fraudulently put any 
ballot or other paper having the semblance thereof into 
any such box at any such election, unless the same 
shall be offered by an elector, and his name shall have 
been found and checked upon the register, as herein¬ 
before provided ; or if any such Inspector, or other 
officer or person, shall fraudulently, during the can¬ 
vass of ballots, in any manner change, substitute or 
alter any ballot taken from the box then being can¬ 
vassed, or from any box which has not been canvassed, 
or shall remove any ballot, or semblence thereof from, 
or add any ballot, or semblance thereof to the ballots 
taken from the box then being canvassed, or from any 
box which has not been canvassed, every such person 
shall, upon conviction thereof, be adjudged guilty of 


47 


felony, and shall be punished by imprisonment in a 

• r 11 1 i- ' How punished, 

State prison for not less than one nor more than five 
years. 

Section 70. If any inspector of election, poll 
clerk, or other officer of registration, revision, election, on^part of ^ 

. r on 1 election officers 

or canvass, in [of] whom any duty is required in this act, 
or by the general election laws of this state, so far as 
the same are consistent with the provisions of this act, 
shall be guilty of any willful neglect of such duty, or 
of any corrupt or fraudulent conduct or practice in 
the execution of the same, he shall, on conviction 
thereof, be adjudged guilty of a felony, and shall be 
punished by imprisonment in a state prison for not 
less than one nor more than five years. 

Section 71. Every inspector of election, poll clerk, Acts by election 
or other officer or person having the custody of any SutiiSg^^e-^’ 
record, register of voters, or copy thereof, oath, return Sg.TiferfnTor 
of votes, certificate, poll-list, or of any paper, document, 
or evidence of any description, in this act directed to be 
made, filed or preserved, who is guilty of stealing, will- 
fully destroying, mutilating, defacing, falsifying, or fraud¬ 
ulently removing or secreting the whole or any part 
thereof, or who shall fraudulently make any entry, 
erasure, or alteration therein, except as allowed and 
directed by the provisions of this act, or who permits 
any other person so to do, shall, upon conviction 
thereof, be adjudged guilty of a felony, and shall be 
punished for each and every such offence by imprison¬ 
ment in a state prison, not exceeding five years, and how punished, 
shall, in addition thereto, forfeit his office. 

Section 72. Every person not an officer, such as is 
mentioned in the last preceding section, who is guilty 
of any of the acts specified in said section, or who 
advises, procures, or abets the commission of the same, 
or any of them, shall, upon conviction thereof, be 


48 


fiow pttniahed. 


I'alae swearing 
under this act 
declared per¬ 
jury. 


Instigating or 
procuring 
others to swear 
false, declared 
subornation 
of perjury. 


Acts tending to 
defraud a voter 
of his vote, 
declared felon¬ 
ies. 


How punished, 
if committed 
by an election 
officer, and how 
if by others. 


adjudged guilty of a felony, and for each and every 
such offence shall be punished by iraprisoiimeiit in a 
state prison, not exceeding five years. 

Section 73. Any person who shall be convicted of 
willful and corrupt false swearing or affirming, in 
taking anv oath or affirmation prescribed by, or upon 
any examination provided for, in this act, or upon 
being challenged as unqualified, upon offering to 
register or vote, shall be adjudged guilty of willful and 
corrupt perjury. 

Section 74. Every person who shall willfully and 
corruptly instigate, advise, induce or procure any 
person to swear or affirm falsely, as aforesaid, 
or attempt or offer so to do, shall be adjudged guilty 
of subornation of perjury, and shall, upon conviction 
thereof, suffer the punishment directed by law in cases 
of willful and corrupt perjury. 

Section 75. If any person shall fraudulently change, 
or alter the ballot of any elector, or substicute one 
ballot for another, or fraudulently furnish any elector 
with a ballot containing more than the proper number 
of names, or shall intentionally practice any fraud upon 
any elector to induce him to deposit a ballot as his vote, 
and to have the same thrown out and not counted, or to 
have the same counted for a person or candidate other 
than the person or candidate for whom such elector in¬ 
tended to vote, or otherwise defraud him of his vote: 
every such person shall, on conviction thereof, be ad¬ 
judged guilty of a felony, and shall, if an inspector of 
election, poll clerk, or other officer of election, be 
punished with imprisonment in a state prison not less 
than two nor more than five years, and if not, such 
inspector, poll clerk, or other officer of election shall 
be punished by imprisonment in a state prison for not 
less than one nor more than five years. 


40 


Section' 76. If any person who shall have been con¬ 
victed of bribery, felony, or other infamous crime un¬ 
der the laws of this state, shall thereafter vote or 
offer to vote at any election in the city and county of 
New York, without having been pardoned and re¬ 
stored to all the rights of a citizen, he shall, upon 
conviction thereof, be adjudged guilty of a felony, and 
for each and every such offence, shall be punished by 
imprisonment in a state prison for not less than one 
nor more than three years. 

Section 77. If any person shall willfully disobey 
any lawful command of an inspector of election, or of 
any board of inspectors of election, given in the ex¬ 
ecution of his or their duty as such, at any election, 
he shall, upon conviction thereof, be adjudged guilty 
of a misdemeanor, and shall be punished by imprison¬ 
ment in a penitentiary for not less than thirty days nor 
more than one year, or by a fine of not less than two 
hundred and fifty nor more than one thousand dollars, 
or by. both such fine and imprisonment. 

Section 78. If, at any general registration of voters 
or revision thereof, or on any day of election, or 
during the canvass of the votes cast thereat, any per¬ 
son shall cause any breach of the peace, or use any dis¬ 
orderly violence or threats of violence, whereby any 
such registration, revision, election, or canvass shall 
be impeded or hindered, or whereby the lawful pro¬ 
ceedings of any inspector of election, or board of in¬ 
spectors of election, or poll clerk, or other officer of such 
election, or challenger, or person designated to be pre¬ 
sent at the canvass of any ballots, as hereinbefore pro¬ 
vided, are interfered with, every such person shall, 
upon conviction thereof, be adjudged guilty of a felony, 
and, upon conviction thereof, shall be punished by 
imprisonment in a state prison, for not less than one 
nor more than five years. 


Convicted 
felons offering 
to vote unless 
pardoned guilty 
of felony. 


How punished. 


Disobeying any 
lawful com¬ 
mand of board 
of inspectors 
declared a mis¬ 
demeanor. 


How punished. 


Certain dis¬ 
orderly acts at 
places of regis¬ 
tration and polls 
of election, de¬ 
clared felonies. 


How punished. 


4 


50 


Acts of inter¬ 
ference witli 
election officers, 


in performance 
of duty 


at the election, 


or at the can¬ 
vass of votes. 


or going to or 
from such 
duties, 


or threats or 
attempts, 
declared mis¬ 
demeanors. 


How punished. 


Wilful neglect 
or refusal to 
perform duties 
of inspector 
declared a mis¬ 
demeanor. 


Section 79. If any person knowingly, or willfully 
shall obstruct, hinder, assault, or by bribery, solicita¬ 
tion or otherwise, interfere with any inspector of elec¬ 
tion, poll clerk, challenger, or person designated as pro¬ 
vided in this act, to be present at the canvass of any bal¬ 
lots, in the performance of any duty required of him, or 
which he may by law be authorized or permitted to 
perform; or if any person, by any of the means before 
mentioned, or otherwise unlawfully, shall on the day of 
registration, revision of registration, or of election, hin¬ 
der or prevent any inspector of election, poll clerk, 
challenger, or person designated, as provided in this act, 
to be present at the canvass of ballots in his free attend¬ 
ance and presence at the place of registration, or revision 
of registration, or of election in the election district, in 
and for which he is appointed or designated to serve, 
or in his full and free access and egress, to and from 
any such place of registration, revision of registration, 
or of election, or to and from any room where any such 
registration, revision of registration, or election, or can¬ 
vass of votes, or of making any returns or certificates 
thereof, may be had or shall molest, interfere with, re¬ 
move or eject from any such place of registration, or 
poll of election, or of canvassing ballots cast thereat, or 
of making returns or certificates thereof, any such in¬ 
spector of election, poll clerk, challenger, or person 
designated, as provided in this act, to watch the canvass 
of any ballots, save as otherwise provided in this act, or 
shall unlawfully threaten, or attempt, or offer so to do, 
every such person shall be guilty of a misdemeanor, and 
on conviction thereof, shall be punished by imprisonment 
in a penitentiary for not less than six months, nor more 
than one year, or shall be fined not less than five hundred 
nor more than two thousand dollars, or both, 

Section 80. Any inspector of election, who shall 
willfully neglect, or when called on, shall willfully de¬ 
cline to exercise the powers conferred on him in this 


61 


act, for any of the purposes set forth In section nine¬ 
teen of this act, shall be deemed guilty of a misde¬ 
meanor, and on conviction thereof, shall be punished 
by imprisonment in a penitentiary for not less than 
thirty days, nor more than one year, or by a fine of not 
less than two hundred and fifty, nor more than one 
thousand dollars or by both such fine and imprison¬ 
ment. 


How punished. 


Section 81. If any person shall, upon the day of 
any such election, or before the canvass of voters is „ 
completed, steal, or willfully break or destroy any ballot Ji^OTrem^f^ng 
box used, or intended to be used, at such election, or Suotfp^u- 
shall willinllyor fraudulentlv conceal, secrete, or remove turns, certm- 

*/ 7 ' cates, &c., de- 

any such box from the custody of the inspectors of^ 
election, or shall alter, deface, injure, destroy, or con¬ 
ceal any ballot which has been deposited in any ballot 
box at such election, which has not been already 
counted and canvassed, or any poll list used, or 
intended to be used at such election, or any report, 
return, certificate, or other evidence in this act required, 
as provided for, shall, on conviction thereof, be ad¬ 
judged guilty of a felony, and shall, for each and 
every such offence, be punished by imprisonment 
in a state prison, for not less than two nor more than 
five years. 

Section 82. If in any election district, at any general ^ ^ 

registration of voters or revision thereof, or at any 
election hereafter held in the city and county of New 
York, any inspector of election or poll clerk shall ofamisdl- ^ 
knowingly or willfully admit any person to registra- 
tion. or make any entry upon any register of voters or 
poll book, or receive any vote, or proceed with the 
canvass of ballots, or shall consent thereto, unless 
a majority of all the inspectors of election, in said 
election district, are present and concur, he shall, upon 
conviction thereof, be adjudged guilty of a misde- 


52 


How punished. 


Absence from 
duty, except 
from urgent 
necessity, a 
misdemeanor. 


How punished. 


District attor¬ 
ney to prose¬ 
cute all com¬ 
plaints of viola¬ 
tions of this 
act to final judg¬ 
ment. 


Judgment not 
to be suspended 
more than ten 
days. 


Complainant to 
have at least 2 
days notice in 
writing. 


Keeping ballots, 
electioneering, 
and distributing 
tickets in poll- 
ling places, 
declared a mis¬ 
demeanor. 


meatior, and shall be puuisLed bj imprisonment in the 
county jail not less than thirty nor more than sixty 
days, or fined not less than one hundred nor more than 
one thousand dollars, or by both such fine and imprison¬ 
ment. If any inspector of election in any election dis¬ 
trict shall, without urgent necessity, absent himself from 
the place of registration or the polls in said district, 
upon any day of registration or election, whereby less 
than a majority of all the inspectors in such elec¬ 
tion district shall be present during the hours of regis¬ 
tration, election or canvass of ballots, he shall, upon 
conviction, be adjudged guilty of a misdemeanor, and 
shall be punished by imprisonment in the county jail 
not less than sixty days nor more than six months, or 
shall be fined not less than five hundred nor more 
than one thousand dollars or both. 

Sectioix 83. It is hereby made the especial duty of the 
district attorney of the county of New York to imme¬ 
diately prosecute all complaints which may be made of 
a violation of any of the provisions of this act, or of 
the election laws of the state, to final judgment; and 
the court before which any conviction for such violation 
shall be had shall not, in any case, suspend sentence or 
judgment for more than ten days; but no indictment for 
such violation shall be brought to trial unless the com¬ 
plainant (if any), if he can be found, shall have at least 
two day’s notice, in writing, from the said district attor¬ 
ney, of the day when he intends to try the same. 

Section 84. It shall be unlawful for any inspector 
of election, poll clerk, challenger, or person designated 
as provided in this act to be present at the canvass 
of any ballots in any district, during the elec¬ 
tion or canvass of ballots, to have or keep any ballots 
behind the boxes or within the polling place, or for 
them or any person or persons within the polling place, 
to electioneer, distribute tickets or ballots, or engage in 


63 


any political discussion. Any violation of this section 
stall be a misdemeanor, and shall be punished by im¬ 
prisonment in the county jail for not less than ten nor 
more than ninety days, or by a fine of not less than 
one hundred nor more than one thousand dollars, or 
both. 

Section 85. Whoever, during the sitting of any 
board of inspectors of election in any election district 
in the city and county of New York, whether held for 
the purpose of registration, revision of registi’ation, re¬ 
ception or canvass of votes, or of making return there¬ 
of, shall bring, take, order, or send into, or shall cause 
to be taken, brought, ordered, or sent into, or shall at¬ 
tempt to bring, take, or send into any place of regis¬ 
tration or revision of registration or of election, any 
distilled or spirituous liquors whatever, or shall at any 
such time and place drink or partake of any such 
liquor, shall be deemed, and held to be guilty of a 
misdemeanor. 

Section 86. Irregularities or defects in the mode of 
noticing, convening, holding or conducting an election 
authorized by law shall constitute no defence to a 
prosecution for a violation of the provisions of this act. 

Section 87. Every act which, by the provisions of 
this act or the general election laws, is made criminal 
when commited with reference to the election of a 
candidate, is equally criminal when committed with 
reference to the determination of a question submitted 
to electors, to be decided by votes cast at an election. 

Section 88. Upon any prosecution for procuring, 
offering, or casting an illegal vote, the accused may 
give in evidence any fact tending to show that he 
honestly believed, upon good reason, that the vote 
complained of was a lawful one, and the jury may 


How punished. 


Having distilled 
or spirituous 
liquors in 
polling-places, 
declared a mis¬ 
demeanor. 


Irre^larities in 
holding elec¬ 
tions. 


Criminal pro¬ 
visions of this 
act and of gen¬ 
eral election 
laws to cover 
any question 
submitted to 
elector. 


New rule of 
evidence. 


64 


Meaning of word 
elect on as used 
in this act. 


Boundaries of 
election dis¬ 
tricts to be ad¬ 
vertised. 


When. 


Also, places of 
registration and 
polling places. 


Also, names of 
poll clerks and 
the official can¬ 
vass. 


When. 


In five daily 
newspapers 
having largest 
circulation, free 
from unneces¬ 
sary verbiage. 


Numbers to be 
printed in nu¬ 
merals only. 


take such facts into consideration in determining 
whether the acts complained of were willlully done 
or not. 

Section 89. The word election, as used in this act, 
shall be construed to designate only elections had 
within the city and county of New York, for the pur¬ 
poses of enabling electors to choose some public offi¬ 
cer or officers, under the laws of this State or the 
United States, or to pass upon any amendment, law, 
or other public act or proposition submitted to vote by 
law. 

Section 90. The boundaries of all election districts 
shall, on the second day after the last day allowed by 
law for the fixing of such boundaries, be publicly ad¬ 
vertised ; and thereafter, prior to each election, such 
boundaries, the location of all places of registration, 
revision of registration, or polling places, and the 
names of all the inspectors of election, shall be simi- 
larl}^ advertised on the day preceding the first day of 
any general registration or revision of registration, and 
on each day of registration, revision of registration, or 
day of election, and on such day or days only. The 
names of all poll clerks shall be publicly advertised on 
the day of any election. The official canvass, imme¬ 
diately upon its completion and declaration by the 
board of county canvassers, shall be publicly adver¬ 
tised for one day only. All advertising provided for 
in this section, shall be done in five daily newspapers 
published in the city and county of New York, having 
the largest city circulation; and all matter advertised 
shall be prepared and furnished the journals in which 
It is to be inserted, free from unnecessary verbiage or 
repetition ; and in the publication of any official can¬ 
vass, all numbers shall be printed in numerals only, 
and the statement or declaration shall be printed in 
tabular form. 


55 


Section 91. The legal compensation of all inspectors 
of election and poll clerks and other officers of elec¬ 
tion, the cost and expenses of all necessary election 
notices, posters, maps, advertisments, registers, books, 
blanks and stationery, the rent and cost of htting up, 
warming, lighting, cleaning, and safe-keeping of all 
places of registration, revision of registration and poll¬ 
ing places, of furnishing, repairing and carting ballot- 
boxes, and of all supplies of every kind and nature for 
all elections in the city and county of New York shall 
be a county charge, and shall, upon proper certificates 
and vouchers, be paid in the same manner as by law 
provided for the payment of other expenses of the said 
county of New York. 

The board of supervisors of the said county of New 
York shall, yearly, levy upon the estates, real and 
personal, of the said city and county of New Yoik, 
the amounts estimated to be required to pay the ex¬ 
penses of the registration, or revision of registration, 
and of all elections which may be held in said city and 
county during the year. 

Section 92. The act entitled ‘‘ An act to ascertain 
by proper proofs the citizens who shall be entitled to 
the rights of suffrage,” passed May 13, 1865 ; and the 
act entitled “ An act amendatory of and supplement¬ 
ary to chapter seven hundred and forty, of the laws of 
eighteen hundred and sixty five, entitled, ‘ An act to 
ascertain by proper proofs, the citizens who shall be 
entitled to the rights of suffrage,^ passed May 13, 
1865 passed April 25, 1866, and the act entitled 
“An act in relation to elections in the city and 
county of New York,” passed April 5, 1870 ; and the 
act entitled, “ An act to amend an act entitled : “An 
act in relation to elections in the city and county of 
New York,’ passed April 5, 1870,” passed April 18, 
1871, are hereby repealed and all other acts, or parts 
of acts, so far as the same are inconsistent with the pro- 


Expenses of 
elections to be a 
county charge, 
paid in same 
manner as other 
expenses of 
county. 


Board of super¬ 
visors to yearly 
levy the 
amounts re¬ 
quired to pay 
expenses of 
elections. 


Repealing 

clause. 


56 


Proviso. 


Act to take 
effect, when. 


visions of this act, are hereby repealed, so far as they 
apply to the city or county of New York, but such rej)eal 
shall not revive any act or part of any act repealed 
by either of such laws. Nothing in this section 
contained shall be construed to in any manner 
affect any complaint, prosecution, indictment, or other 
criminal proceeding now pending, or that may here¬ 
after be made, had or found under the provisions of 
said acts or either of them, for any violation thereof 
which occurred before the passage of this act, but 
every such violation shall be punishable under the 
provisions of said acts or either of them, as though 
said acts were not repealed but still in force. 

Section 93. This act shall take effect as follows: 
Sections one to six, both inclusive ; section thirt 3 "-four, 
sections thirU^-six to thirty-nine, both inclusive ; section 
forty-one, sections forty-seven to fifty-five, both inclu¬ 
sive ; sections sixty-three to eighty-seven, both inclu¬ 
sive, and section ninety, shall take effect immediately ; 
and section ninety-two, so far as anything contained 
therein repeals acts or parts of acts inconsistent with 
the provisions of the above named sections, shall take 
effect immediately. Each and every section not here¬ 
inabove specified and section ninety-two, where not 
hereinbefore otherwise provided, shall take effect on 
the first day of June in the year one thousand eight 
hundred and seventy-two. 


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